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.