PART II OFFENCES Aggravating circumstance s Sections 5, 7, 8, 10 and 11 4 In this Part the crime of illegal access to or use of a computer, illegal interception. illegal data interference, illegal system interference, and illegal devices is committed in aggravating circumstances if— (a) committed in connection with or in furtherance of the commission or attempted commission of the crime of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using false data or defeating or obstructing the course of justice; or (b) the computer, computer network, data, programme or system is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority; or (c) the crime occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system; or (d) the crime disrupts or interferes with an essential service. 5. Illegal Access (1) A person who intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, accesses the whole or any part of a computer system commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. (2) Where the unauthorised access under subsection (1) is gained by infringing security measures or with the intent of obtaining computer data, a person convicted of the offence under subsection (1) shall be liable to imprisonment for a term not exceeding [period] or to a fine not exceeding [amount] or both. (3) Where the unauthorised access under subsection (1) was committed in any of the aggravating circumstances described in section 4 the person shall be liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both. Illegal Remaining 6. (1) A person who intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, by infringing security measures or with the intent of obtaining computer data or other dishonest intent remains logged in a computer system or part of a computer system or continues to use a computer system commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding