251 Making, selling, or distributing or possessing software for committing crime

(1)

Every one is liable to imprisonment for a term not exceeding 2 years who invites any other person to acquire from him or her, or offers or exposes for sale or supply to any other person, or agrees to sell or supply or sells or supplies to any other person, or has in his or her possession for the purpose of sale or supply to any other person, any software or other information that would enable another person to access a computer system without authorisation—

(a)

the sole or principal use of which he or she knows to be the commission of an offence; or

(b)

that he or she promotes as being useful for the commission of an offence (whether or not he or she also promotes it as being useful for any other purpose), knowing or being reckless as to whether it will be used for the commission of an offence.

(2)

Every one is liable to imprisonment for a term not exceeding 2 years who—

(a)

has in his or her possession any software or other information that would enable him or her to access a computer system without authorisation; and

(b)

intends to use that software or other information to commit an offence.

Compare: 1961 No 43 ss 216D(1), 229, 244

Section 251: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Section 251(1)(a): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 251(1)(b): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 251(2)(b): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).