Section 1 Unauthorised access to computer material.

United Kingdom

(1)

A person is guilty of an offence if—

(a)

he causes a computer to perform any function with intent to secure access to any program or data held in any computer F1, or to enable any such access to be secured;

(b)

the access he intends to secure F2, or to enable to be secured, is unauthorised; and

(c)

he knows at the time when he causes the computer to perform the function that that is the case.

(2)

The intent a person has to have to commit an offence under this section need not be directed at—

(a)

any particular program or data;

(b)

a program or data of any particular kind; or

(c)

a program or data held in any particular computer.

F3(3)

A person guilty of an offence under this section shall be liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding F512 months or to a fine not exceeding the statutory maximum or to both;

(c)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Annotations

Textual amendments

F1: Words in s. 1(1)(a) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(a), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))
F2: Words in s. 1(1)(b) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(b), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))
F3: S. 1(3) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 35(3), 53 (with s. 38(2)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)
F4: Words in s. 1(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F5: Word in s. 1(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(a); S.I. 2015/820, reg. 2(r)(iii)