Drafting instructions to jury—Computer theft—access

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Drafting instructions to jury—Computer theft—access

The instruction listing the elements of computer theft—access provides:FN71

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

  • First, defendant must have intentionally accessed or caused to be accessed a computer, computer system, computer network or any part thereof.
  • Second, defendant must have acted for the purpose of obtaining services or property.
  • Third, defendant must have acted without authorization or claim of right 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 computer theft. If you find that any of these elements has not been so proved, defendant is not guilty.