Computer Misuse Act 1990 (c. 18)
Document Generated: 2022-03-08
Changes to legislation: Computer Misuse Act 1990 is up to date with all changes known to be in force on or before
08 March 2022. There are changes that may be brought into force at a future date. Changes that have been made
appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
(b)
(c)
5
“act” includes a series of acts;
a reference to a country includes a reference to a territory, and to any place in,
or part or region of, a country or territory.
(6) A person guilty of an offence under this section is (unless subsection (7) applies) liable,
on conviction on indictment, to imprisonment for a term not exceeding 14 years, or
to a fine, or to both.
(7) Where an offence under this section is committed as a result of an act causing or
creating a significant risk of—
(a) serious damage to human welfare of the kind mentioned in subsection (3)(a)
or (3)(b), or
(b) serious damage to national security,
a person guilty of the offence is liable, on conviction on indictment, to imprisonment
for life, or to a fine, or to both.]
Textual Amendments
F12
S. 3ZA inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(2), 88(1); S.I. 2015/820, reg. 2(a)
[F133A
Making, supplying or obtaining articles for use in offence under [F14section 1, 3
or 3ZA]
(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any
article intending it to be used to commit, or to assist in the commission of, an offence
under [F15section 1, 3 or 3ZA].
(2) A person is guilty of an offence if he supplies or offers to supply any article believing
that it is likely to be used to commit, or to assist in the commission of, an offence
under [F16section 1, 3 or 3ZA].
(3) A person is guilty of an offence if he obtains any [F17article—
(a) intending to use it to commit, or to assist in the commission of, an offence
under section 1, 3 or 3ZA, or
(b) with a view to]
its being supplied for use to commit, or to assist in the commission of, an offence
under [F18section 1, 3 or 3ZA].
(4) In this section “ article ” includes any program or data held in electronic form.
(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 12 months 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
[F1912] 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.]