Section 2 of the Computer Misuse Act states that it is a criminal offence to gain unauthorised access with intent to commit of facilitate commission of further offences.

An individual is guilty of an offence if they commit an offence under Section 1 with intent to:

· Commit a further offence

· Facilitate the commission of an offence (whether by themselves or conducted by another person)

It should be noted that it is immaterial whether the further offence is committed at the same time as the unauthorised access or any future occasion.

It is also possible for an individual to be guilty of this offence even if the commission of the further offence is not possible. This demonstrates that the intent to leverage the initial unauthorised access for further gain is in itself the offence.

Should an individual be found guilty of a breach of CMA Section 2, they may be liable to:

· On summary conviction (a minor offence) up to 12 months in prison or a fine

· On conviction on indictment (a serious offence) up to 5 years in prison or a fine

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