Computer offences are contained within Part 4A of the Criminal Law Consolidation Act 1935 (SA)(‘the Act’). They include unauthorised modification of computer data, unauthorised impairment of electronic communication and possession of computer viruses with intent to commit a serious computer offence.

Unauthorised modification of computer data

Unauthorised modification of computer data is an offence against section 86G of the Act. The prosecution must prove that a person caused an unauthorised modification of computer data, knowing the modification was unauthorised and intends to cause harm or inconvenience or is reckless as to such harm or inconvenience. The maximum penalty is 10 years imprisonment. 

Unauthorised impairment of electronic communication

Unauthorised impairment of an electronic communication is an offence against section 86H of the Act. The prosecution must prove that a person caused an unauthorised impairment of electronic communication, knowing the impairment is unauthorised and intending to cause harm or inconvenience or is reckless as to such harm or inconvenience. The maximum penalty is 10 years imprisonment. 

Possession of computer virus with intent to commit serious computer offence

Possessing a computer virus is an offence against section 86I of the Act. The prosecution must prove a person produced, supplied or obtained proscribed data or a proscribed object; or was in possession of proscribed data or a proscribed object with the intention of committing or facilitating the commission (either by that person or someone else) of a serious computer offence. A person may be convicted even though it would have been impossible in the circumstances to commit the intended offence. A person cannot be convicted of an attempt to commit an offence against the section. The maximum penalty is 3 years.

Proscribed data means a virus or other data clearly designed or adapted to enable or facilitate the commission of a serious computer offence.

Proscribed object means a document or other object clearly designed or adapted to enable or facilitate the commission of a serious computer offence. For example, a card or other storage device containing a computer virus. 

Summary offences

There are similar offences contained within section 44 and 44A of the Summary Offences Act 1953 (SA). The maximum penalties of these offences are much lower than those contained in the Criminal Law Consolidation Act 1935 (SA)(‘the Act’). 

If you are charged with any of the above offences, then you should seek legal advice in respect of whether the appropriate charge has been laid based on the evidence and to secure the best possible outcome for you. Contact our experienced team to receive accurate and timely advice about your matter.