South Australian Current Acts

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86E—Use of computer with intention to commit, or facilitate the commission of, an offence

        (1)         A person who—

            (a)         uses a computer to cause (directly or indirectly)—

                  (i)         unauthorised access to or modification of computer data; or

                  (ii)         an unauthorised impairment of electronic communication; and

            (b)         knows that the access, modification or impairment is unauthorised; and

            (c)         intends, by that access, modification or impairment to commit, or to facilitate the commission (either by that person or someone else) of, a serious offence (the "principal offence"),

is guilty of an offence.

Maximum penalty: The maximum penalty for an attempt to commit the principal offence.

        (2)         An offence may be committed under this section—

            (a)         whether the principal offence was to be committed at the time the computer was used or later; and

            (b)         even though it would have been impossible in the circumstances to commit the principal offence.

        (3)         If the principal offence is in fact committed—

            (a)         this section does not prevent the person who used the computer from being convicted as a principal offender or as an accessory to the commission of the principal offence; but

            (b)         a person is not liable to be convicted of the principal offence (or as an accessory to the principal offence) and of an offence against this section.

        (4)         A person cannot be convicted of an attempt to commit an offence against this section.

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