Drafting instructions to jury—Alteration with intent to injure or defraud

Drafting instructions to jury—Alteration with intent to injure or defraud

The instruction listing the elements of alteration with intent to injure or defraud provides as follows:FN70

The elements of computer damage in this case are:

• First, defendant must have intentionally altered 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, defendant's act must have been committed with the intent to injure or defraud .
• Third, the alteration must have occurred without the authorization of .
• Fourth, defendant's act must have taken place on (or about) [Date goes here] in [County goes here].

If you find that each of these four 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.