Victorian Consolidated Legislation

Crimes Act 1958 - SECT 247B

Unauthorised access, modification or impairment with intent to commit serious offence

247B. Unauthorised access, modification or impairment with intent to commit
serious offence



(1) A person who causes any unauthorised computer function-

   (a)  knowing it is unauthorised; and

   (b)  with the intention of committing a serious offence or facilitating the
        commission of a serious offence (whether by the person or by another
        person)-

is guilty of an offence and liable to the same maximum penalty as applies to
the commission of the serious offence in Victoria.

(2) In this section serious offence means-

   (a)  an offence in Victoria punishable on conviction for a first offence
        with imprisonment for a term of 5 years or more; or

   (b)  an offence in any other jurisdiction that would be punishable on
        conviction for a first offence with imprisonment for a term of 5 years
        or more if committed in Victoria.

(3) A person may be found guilty of an offence against this section-

   (a)  even if committing the serious offence is impossible; or

   (b)  whether the serious offence is to be committed at the time of the
        unauthorised conduct or at a later time.

(4) It is not an offence to attempt to commit an offence against this section.