Drafting instructions to jury—Taking, transferring, concealing, or retaining

Drafting instructions to jury—Taking, transferring, concealing, or retaining

The instruction listing the elements of computer theft—taking, transferring, concealing, or retaining provides:FN72

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

• First, defendant must have intentionally taken, transferred, concealed, or retained possession of a computer, computer system, or computer software or data contained in a computer, computer system, or computer network.
• Second, defendant must have acted without claim of right and with intent to permanently deprive the owner of possession.
• Third, 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 computer theft. If you find that any of these elements has not been so proved, defendant is not guilty.