Section 308D Crimes Act | Unauthorised Modification of Data with Intent


Print
The Legislation

Section 308D of the Crimes Act is the offence of Unauthorised Modification of Data with Intent and is extracted below.

If you are Charged with Unauthorised Modification of Data with Intent and require Expert Legal Advice from an Experienced Criminal Defence Lawyer, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a Free First Conference.

If you wish to plead ‘not guilty’, our Senior Criminal Lawyers will fight hard to prove your innocence in court.

If you wish to plead ‘guilty’, we will use our vast experience to get you the best possible result in the circumstances, including ‘Section 10’ where possible (no criminal record / conviction).

Our Results are consistently far better than those achieved by other criminal law firms.

308D Unauthorised modification of data with intent to cause impairment

(1) A person who:
(a) causes any unauthorised modification of data held in a computer, and
(b) knows that the modification is unauthorised, and
(c) intends by the modification to impair access to, or to impair the reliability, security or operation of, any data held in a computer, or who is reckless as to any such impairment,
is guilty of an offence. Maximum penalty: Imprisonment for 10 years.

(2) A conviction for an offence against this section is an alternative verdict to a charge for:
(a) an offence against section 195 (Destroying or damaging property), or
(b) an offence against section 308E (Unauthorised impairment of electronic communication).