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Computer Misuse Act 1990: Unauthorized Impairment of Computer Operation., Study notes of Art

Art

Section 3 of the computer misuse act 1990, which deals with unauthorized acts that impair or recklessly impair the operation of a computer. The section includes details on the unauthorized acts, the required intent or recklessness, and the potential consequences for offenders.

Typology: Study notes

2021/2022

Uploaded on 09/27/2022

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Changes to legislation: There are currently no known outstanding effects for
the Computer Misuse Act 1990, Section 3. (See end of Document for details)
Computer Misuse Act 1990
1990 CHAPTER 18
Computer misuse offences
[F13 Unauthorised acts with intent to impair, or with recklessness as to impairing,
operation of computer, etc.
(1) A person is guilty of an offence if—
(a) he does any unauthorised act in relation to a computer;
(b) at the time when he does the act he knows that it is unauthorised; and
(c) either subsection (2) or subsection (3) below applies.
(2) This subsection applies if the person intends by doing the act—
(a) to impair the operation of any computer;
(b) to prevent or hinder access to any program or data held in any computer; [F2or]
(c) to impair the operation of any such program or the reliability of any such data;
[F3or
(d) to enable any of the things mentioned in paragraphs (a) to (c) above to be
done.]]
(3) This subsection applies if the person is reckless as to whether the act will do any of
the things mentioned in paragraphs (a) [F4to (d)][F4to (c)] of subsection (2) above.
(4) The intention referred to in subsection (2) above, or the recklessness referred to in
subsection (3) above, need not relate to—
(a) any particular computer;
(b) any particular program or data; or
(c) a program or data of any particular kind.
(5) In this section—
(a) a reference to doing an act includes a reference to causing an act to be done;
(b) “act” includes a series of acts;
(c) a reference to impairing, preventing or hindering something includes a
reference to doing so temporarily.
pf3

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Changes to legislation: There are currently no known outstanding effects for the Computer Misuse Act 1990, Section 3. (See end of Document for details)

Computer Misuse Act 1990

1990 CHAPTER 18

Computer misuse offences

[F1 3 Unauthorised acts with intent to impair, or with recklessness as to impairing,

operation of computer, etc.

(1) A person is guilty of an offence if—

(a) he does any unauthorised act in relation to a computer;

(b) at the time when he does the act he knows that it is unauthorised; and

(c) either subsection (2) or subsection (3) below applies.

(2) This subsection applies if the person intends by doing the act—

(a) to impair the operation of any computer;

(b) to prevent or hinder access to any program or data held in any computer; [F2 or ]

(c) to impair the operation of any such program or the reliability of any such data;

[F3 or

(d) to enable any of the things mentioned in paragraphs (a) to (c) above to be

done. ]]

(3) This subsection applies if the person is reckless as to whether the act will do any of

the things mentioned in paragraphs (a) [F4 to (d) ][F4 to (c) ] of subsection (2) above.

(4) The intention referred to in subsection (2) above, or the recklessness referred to in

subsection (3) above, need not relate to—

(a) any particular computer;

(b) any particular program or data; or

(c) a program or data of any particular kind.

(5) In this section—

(a) a reference to doing an act includes a reference to causing an act to be done;

(b) “act” includes a series of acts;

(c) a reference to impairing, preventing or hindering something includes a

reference to doing so temporarily.

2 Computer Misuse Act 1990 (c. 18)

Document Generated: 2022-03- Changes to legislation: There are currently no known outstanding effects for the Computer Misuse Act 1990, Section 3. (See end of Document for details)

(6) 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

[F5 12 ] 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 ten

years or to a fine or to both.

Textual Amendments

F1 S. 3 substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 36 , 53 (with s. 38(3)(4)(6)); S.S.I. 2007/434, art. 2 ; S.I. 2008/2503, art. 2 (the substituting provision being amended for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(3), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a) ) F2 Word at the end of s. 3(2)(b) inserted (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(i), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a) F3 S. 3(2)(d) and preceding word repealed (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(ii), 92 , 94 , Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii) F4 S. 3(3): Words "to (c)" substituted for words "to (d)" (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(b), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a) F5 Word in s. 3(6)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(c) ; S.I. 2015/820, reg. 2(r)(iii)