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


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

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The Legislation

Section 308D of the Crimes Act 1900 deals with the offence of ‘Unauthorised Modification of Data with Intent’ and reads as follows:

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).