Section 308E Crimes Act | Unauthorised Impairment of Electronic Communication


Section 308E of the Crimes Act is the offence of Unauthorised Impairment of Electronic Communication and is extracted below.

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The Legislation

Section 308E of the Crimes Act 1900 deals with the offence of ‘Unauthorised Impairment of Electronic Communication’ and reads as follows:

308E Unauthorised impairment of electronic communication

(1) A person who:
(a) causes any unauthorised impairment of electronic communication to or from a computer, and
(b) knows that the impairment is unauthorised, and
(c) intends to impair electronic communication to or from the 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 308D (Unauthorised modification of data with intent to cause impairment).