Computer misuse offences

3AF1Making, supplying or obtaining articles for use in offence under F2section 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 F3section 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 F4section 1, 3 or 3ZA.

3

A person is guilty of an offence if he obtains any F7article—

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 F5section 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 F8the general limit in a magistrates’ court 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 F612 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.