Essay about Computer Misuse Act

1002 Words Feb 19th, 2011 5 Pages
In this article the Computer Misuse Act 1990 was raised. It states that a teenage from Dorset England. Aaron Caffrey aged 19 had apparently sent a virus to another person computer while they were at work at America’s bigger port. The convicted was accused of hacking into the system and sent a virus use cause the either network of computers which caused them all to crash.

The law that he had broken was the Computer Misuse Act 1990 the law states the following:
“The Act contains three main offences which are categorised under the following Sections:
Section 1
1(1) A person is guilty of an offence if
a) He/she causes a computer to perform any function with intent to secure access to any program or data held in a computer
b) The
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2(2) This section applies to offences
a) For which the sentence is fixed by law or b) For which a person of twenty one years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or in England and Wales might be so sentenced but for the restrictions imposed by section 33 of the Magistrates Courts Act 1980).
2(5) A person guilty of an offence under this section shall be liable
a) On summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both and b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or both.

This section is more serious as the defendant can be prosecuted and sent to jail for a specific period of time. In order for a person to be affect by this section he/she is also has been committed to an offence in section 1 of this law. But looking at this section it states that on a person aged from 21 or above and they should not be sentenced to imprisonment for a term of five years (or in England and Wales might be so sentenced but for the restrictions imposed by section 33 of the Magistrates Courts Act 1980), this means Aaron cannot be convicted for this crime because he is under age so this makes him not guilty.

Section 3

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