In
and, taken as a whole, lacks serious literary, artistic, or scientific value.
the
value,
c
scientifi
or
determining whether matter lacks serious literary, artistic,
16
of
age
the
under
fact that the defendant knew that the matter depicted persons
years engaged in sexual conduct shall be taken into account; and
b)
includes pornographic material that visually depicts—
i)
(ii)
iii)
a minor engaged in sexually explicit conduct;
a person appearing to be a minor engaged in sexually explicit conduct;
realistic images representing a minor engaged in sexually explicit
conduct;
pictorial,
‘output’ means a statement or representation (whether in written, printed,
graphical or other form) purporting to be a statement or representation of fact—
and
produced by a computer; or
accurately translated from a statement or representation so produced;
a)
b)
a
‘program! means data representing instructions or statements that, when executed in
program.
a
of
part
includes
and
function,
a
computer, causes the computer to perform
(2)
causing a
A person secures access to any program or data held in a computer if by
computer to perform any function that person—
alters or erases the program or data;
a)
it is held or to
copies or moves it to any storage medium other than that in which
b)
held;
is
it
which
in
a different location in the storage medium
uses it; or
c)
by having it
causes it to be output from the computer in which it is held (whether
d
or data
displayed or in any other manner), and references to access to a program
(and to an intent to secure such access) shall be read accordingly.
(3)
they
For the purposes of subsection (2)(c), a person uses a program if the function
cause the computer to perform-
a)
b)
(4)
(5)
(6)
causes the program to be executed; or
is itself'a function of the program.
m or data is output
For the purposes of subsection (2)(d), the form in which any progra
case of a program, it
(and in particular whether or not it represents a form in which, in the
processed by a
is capable of being executed or, in the case of data, it is capable of being
computer) is immaterial.
r is
Access of any kind by any person to any program or data held in a compute
—
person
that
if
y
unauthorised or done without authorit
or data; and
a) is not entitled to control access of the kind in question to the program
or data from
program
the
to
b) does not have consent to access of the kind in question
any person who is so entitled.
ce to any
A reference to any program or data held in a computer includes a referen
is for the time being,
program or data held in any removable storage medium which
m or data
in the computer, and a computer is to be regarded as containing any progra
held in any such medium.
47