Act 9 Penal Code Act 2008 (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. (3) It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the offence, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network. 390. Deliberate Introduction of Computer Virus into Computer or Computer Network. Whoever, without authority from the owner of the computer or computer network, knowingly introduces or causes to be introduced any computer virus into any computer or computer network commits the offence of deliberate introduction of a computer virus into a computer or computer network, 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), 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. 391. Unauthorised Programme. Manipulation of Proposed Computer (1) Whoever fraudulently or mischievously creates, alters or manipulates any data, programme or system, or any part or portion thereof which is intended for installation in a computer, commits the offence of unauthorised manipulation of a proposed computer programme. 197