Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Offences relating to networks and services

Possession or supply of apparatus etc. for contravening s. 125
126
1
A person is guilty of an offence if, with an intention falling within subsection (3), he has in his possession or under his control anything that may be used—
a
for obtaining an electronic communications service; or
b
in connection with obtaining such a service.
2
A person is guilty of an offence if—
a
he supplies or offers to supply anything which may be used as mentioned in subsection (1); and
b
he knows or believes that the intentions in relation to that thing of the person to whom it is supplied or offered fall within subsection (3).
3
A person’s intentions fall within this subsection if he intends—
a
to use the thing to obtain an electronic communications service dishonestly;
b
to use the thing for a purpose connected with the dishonest obtaining of such a service;
c
dishonestly to allow the thing to be used to obtain such a service; or
d
to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service.
4
An intention does not fall within subsection (3) if it relates exclusively to the obtaining of a service mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988 (c. 48).
5
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; and
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
6
In this section, references, in the case of a thing used for recording data, to the use of that thing include references to the use of data recorded by it.
S. 126 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
S. 126 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))