4.
(1)
A person who knowingly causes a computer to perform any function for
the purpose of securing access to any program or data held in that computer or in any
other computer with intent to commit an offence (a) involving property, fraud, dishonesty or which causes bodily harm; and
(b) which is punishable on conviction with imprisonment for more than one
year, or
Access with
intent to commit
or facilitate
commission of
offence
commits an offence and is liable on summary conviction to a fine of fifteen thousand
dollars and to imprisonment for two years or to both.
(2)
For the purposes of this section, it is not material whether (a) the access referred to in subsection (1) is authorised or unauthorised;
(b) the offence to which subsection (1) applies is(i) committed at the same time when the access is secured or at
any other time; and
(ii) punishable summarily or indictably.
5.
(1)
Subject to subsection (2), a person who does a direct or an indirect act
without authority which he knows will cause an unauthorised modification of any
program or data held in any computer commits an offence and is liable on summary
conviction to a fine of fifteen thousand dollars and to imprisonment for two years and, in
the case of a second or subsequent conviction, to a fine of thirty thousand dollars and to
imprisonment for three years or to both.
(2)
If any damage is caused as a result of an offence committed under
subsection (1), the person convicted of the offence shall be liable to an additional fine of
thirty thousand dollars and to imprisonment for three years or to both.
(3)
For the purposes of this section (a) it is not material that the act in question is not directed at (i) any particular program or data;
(ii) a program or data of any kind; or
(iii)a program or data held in any particular computer ;
(b) it is not material whether an unauthorised modification is, or is intended
to be, permanent or merely temporary;
7
Unauthorised
modification of
computer
program or data