- (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 of twenty-one years of age or over (not previously convicted) 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 1980 c. 43.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.
(5) A person guilty of an offence under this section shall be liable—
- (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and
- (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
Unauthorised modification of computer material. 3.—(1) A person is guilty of an offence if—
- (a) he does any act which causes an unauthorised modification of the contents of any computer; and
- (b) at the time when he does the act he has the requisite intent and the requisite knowledge.
(2) For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing—
- (a) to impair the operation of any computer;
- (b) to prevent or hinder access to any program or data held in any computer; or
- (c) to impair the operation of any such program or the reliability of any such data.
(3) The intent need not be directed at—
- (a) any particular computer;
- (b) any particular program or data or a program or data of any particular kind; or
- (c) any particular modification or a modification of any particular kind.
(4) For the purposes of subsection (1)(b) above the requisite knowledge is knowledge that any modification he intends to cause is unauthorised.
