Computer Misuse Act 1990 (c. 18)

(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 [ F4 the 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 [ F5 12 ] 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. ] 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Justice Act 2006 (c. 48) , ss. 35(2)(a) , 53 (with s. 38(1) ); S.S.I. 2007/434 , art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27 , ss. 61(2) , 92 , 94 , Sch. 14 (with Sch. 13 para. 5 ); S.I. 2008/2504 , art. 2(a)(i)(viii) ) F2 Words in s. 1(1)(b)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Justice Act 2006 (c. 48) , ss. 35(2)(b) , 53 (with s. 38(1) ); S.S.I. 2007/434 , art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27 , ss. 61(2) , 92 , 94 , Sch. 14 (with Sch. 13 para. 5 ); S.I. 2008/2504 , art. 2(a)(i)(viii) ) F3 S. 1(3) substituted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)

(1) A person is guilty of an offence under this section if he commits an offence under section 1 above (“the unauthorised access offence”) with intent— (a) to commit an offence to which this section applies; or (b) to facilitate the commission of such an offence (whether by himself or by any other person); and the offence he intends to commit or facilitate is referred to below in this section as the further offence. (2) This section applies to offences— (a) for which the sentence is fixed by law; or (b) for which a person who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions may be sentenced to imprisonment for a term of five years (or, in England and Wales, might be so sentenced but for the restrictions imposed by section 33 of the M1 Magistrates’ Courts Act 1980). (3) It is immaterial for the purposes of this section whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion. (4) A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible. [ F6 (5) 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 [ F7 the 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 [ F8 12 ] 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 five years or to a fine or to both. ] Textual Amendments F6 S. 2(5) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48) , ss. 52 , 53 , Sch. 14 para. 17 (with s. 38(6) ); S.S.I. 2007/434 , art. 2 ; S.I. 2008/2503 , art. 2(c) F7 Words in s. 2(5)(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 F8 Word in s. 2(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9) , s. 88(1) , Sch. 4 para. 7(b) ; S.I. 2015/820 , reg. 2(r)(iii) Marginal Citations M1 1980 c. 43 .