PART 2Computer misuse
I141Unauthorised acts causing, or creating risk of, serious damage
1
The Computer Misuse Act 1990 is amended as follows.
2
After section 3 insert—
3ZAUnauthorised acts causing, or creating risk of, serious damage
1
A person is guilty of an offence if—
a
the person does any unauthorised act in relation to a computer;
b
at the time of doing the act the person knows that it is unauthorised;
c
the act causes, or creates a significant risk of, serious damage of a material kind; and
d
the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.
2
Damage is of a “material kind” for the purposes of this section if it is—
a
damage to human welfare in any place;
b
damage to the environment of any place;
c
damage to the economy of any country; or
d
damage to the national security of any country.
3
For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes—
a
loss to human life;
b
human illness or injury;
c
disruption of a supply of money, food, water, energy or fuel;
d
disruption of a system of communication;
e
disruption of facilities for transport; or
f
disruption of services relating to health.
4
It is immaterial for the purposes of subsection (2) whether or not an act causing damage—
a
does so directly;
b
is the only or main cause of the damage.
5
In this section—
a
a reference to doing an act includes a reference to causing an act to be done;
b
“act” includes a series of acts;
c
a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.
6
A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.
7
Where an offence under this section is committed as a result of an act causing or creating a significant risk of—
a
serious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), or
b
serious damage to national security,
a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.
3
In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “
section 1, 3 or 3ZA
”
.