247BUnauthorised 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.

S. 247C inserted by No. 10/2003 s. 5.