Act 9 Penal Code Act 2008 (2) A person who manipulates a proposed computer programme without authorization commits an offence and upon conviction, shall be sentenced as follows— (a) if the offence was committed in any of the aggravating circumstances described in section 392(a) below, to imprisonment for a term not exceeding ten years or with a fine or with both; or (b) in any other case, to imprisonment for a term not exceeding three years or with a fine or with both. 392. Aggravating Circumstances in Relation to Offences under Sections 389, 390 and 391. The offence of unauthorised access to or use of a computer, deliberate introduction of a computer virus into a computer or computer network, or unauthorised manipulation of a proposed computer programme is committed in aggravating circumstances if— (a) it is committed in connection with or in furtherance of the commission or attempted commission of the offence of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using a false document or defeating or obstructing the course of justice; (b) the computer, computer network, data, programme or system is owned by the Government, State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority; (c) the offence occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system; or (d) the offence disrupts or interferes with an essential service. 198