Drafting instructions to jury—Computer damage

Drafting instructions to jury—Computer damage

The instruction listing the elements of intentional computer damage provides as follows:FN69

The elements of the crime of computer damage in this case are:

• First, defendant must have intentionally damaged or destroyed a computer, computer system, computer network, computer software, or any other such property. "Property" includes, but is not limited to, electronically processed or produced data and information contained in a computer or computer software in either machine or human readable form.
• Second, the damage or destruction must have occurred without authorization.
• Third, the defendant's act must have taken place on (or about) [Date goes here] in [County goes here].

If you find that each of these three elements has been proved beyond a reasonable doubt, defendant is guilty of the crime of criminal damage. If you find that any of these elements has not been so proved, defendant is not guilty.