South Australian Current Acts South Australian Current Acts86E—Use of computer with intention to commit, or facilitate the
commission of, an offence
(1) A person
who—
(a) uses
a computer to cause (directly or indirectly)—
(i)
unauthorised access to or modification of computer data;
or
(ii)
an unauthorised impairment of electronic communication;
and
(b)
knows that the access, modification or impairment is unauthorised; and
(c)
intends, by that access, modification or impairment to commit, or to
facilitate the commission (either by that person or someone else) of, a
serious
offence (the "principal offence"),
is guilty of an offence.
Maximum penalty: The maximum penalty for an attempt to commit the principal
offence.
(2) An offence may be
committed under this section—
(a)
whether the principal offence was to be committed at the time the computer was
used or later; and
(b) even
though it would have been impossible in the circumstances to commit the
principal offence.
(3) If the
principal offence is in fact committed—
(a) this
section does not prevent the person who used the computer from being convicted
as a principal offender or as an accessory to the commission of the
principal offence; but
(b) a
person is not liable to be convicted of the principal offence (or as an
accessory to the principal offence) and of an offence against this section.
(4) A person cannot be
convicted of an attempt to commit an offence against this section.