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Possessing data with intent to commit a serious computer offence is a crime under section 308F of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Possession or control of data’ includes:
‘Data held in a computer’ includes:
A ‘data storage device’ is any thing, including a disk or file server, which contains or is designed to contain data for use by a computer.
A ‘serious computer offence’ is an offence under:
It also includes equivalent conduct committed outside NSW, provided the conduct amounts to an offence in that jurisdiction.
You may be found guilty even if committing the serious computer offence is impossible.
Duress is a defence to the charge.
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