Ala. Pattern Jury Instr. (Criminal) 13A-8-112(B)(4)COMPUTERTAMPERING(VICTIMEXPENDITURE)

Computer Tampering

(Victim Expenditure)

The defendant is charged with computer tampering.

A person commits the crime of computer tampering if he/she acts without

authority or exceeds authorization of use and knowingly does any of the following:

[Read as appropriate]:

(1) Accesses and alters, damages, or destroys a computer, computer

system, or computer network;

(2) Alters, damages, deletes or destroys computer programs or data;

(3) Discloses, uses, controls, or takes computer programs, data, or

supporting documentation residing in, or existing internal or external to, a

computer, computer system, or network;

(4) Directly or indirectly introduces a computer contaminator or a virus into any

computer, computer system, or network;

(5) Disrupts or causes the disruption of a computer, computer system, or

network services or denying or causing the denial of computer or network services

to any authorized user of a computer, computer system, or network;

(6) Prevents a computer user from exiting a site, computer system, or network-connected location in order to compel the user's computer to continue communicating

with, connecting to, or displaying the content of the service, site, or system;

(7) Obtains information that is required by law to be kept confidential or any

records that are not public records by accessing any computer, computer system,

or network that is operated by this state, a political subdivision of this state, or a

medical institution;

(OR)

(8) Gives a password, identifying code, personal identification number, debit

card number, bank account number, or other confidential information about a

computer security system to another person without the consent of the person using

the computer security system to restrict access to a computer, computer network,

computer system, or data;

resulting in a victim expenditure of greater than $100,00.

To convict, the State must prove beyond a reasonable doubt each of the

following elements:

(1) The defendant acted without authority or exceeded authority of use;

(2) The defendant [Read as appropriate]:

(a) Accessed and altered, damaged, or destroyed a computer,

computer system, or computer network;

(b) Altered, damaged, deleted, or destroyed computer programs or

data;

(c) Disclosed, used, controlled, or took computer programs, data, or

supporting documentation residing in, or existing internal or external to, a

computer, computer system, or network;

(d) Directly or indirectly introduced a computer contaminator or a

virus into any computer, computer system, or network;

(e) Disrupted or caused the disruption of a computer, computer

system, or network services or denying or causing the denial of computer or

network services to any authorized user of a computer, computer system, or

network;

(f) Prevented a computer user from exiting a site, computer system, or

network-connected location in order to compel the user's computer to

continue communicating with, connecting to, or displaying the content of the

service, site, or system;

(g) Obtained information that was required by law to be kept

confidential or records that were not public records by accessing any

computer, computer system, or network that is operated by this state, a

political subdivision of this state, or a medical institution;

(OR)

(h) Gave a password, identifying code, personal identification

number, debit card number, bank account number, or other confidential

information about a computer security system to another person without the

consent of the person using the computer security system to restrict access

to a computer, computer network, computer system, or data;

(3) The Defendant did so knowingly; (AND)

(4) The Defendant’s act resulted in a victim expenditure of greater than

$100,000.

[Read as appropriate]:

To access means to gain entry to, instruct, communicate with, store data in,

retrieve or intercept data from, alter data or computer software in, or otherwise make

use of any resource of a computer, computer system, or computer network. [13A-8-

111(1)]

A computer is an electronic, magnetic, optical, electrochemical, or other high

speed data processing device or system that performs logical, arithmetic, or memory

functions by the manipulations of electronic or magnetic impulses and includes all

input, output, processing, storage, or communication facilities that are connected or

related to the device. [13A-8-111(2)]

A computer network is the interconnection of two or more computers or

computer systems that transmit data over communication circuits connecting them.

[13A-8-111(3)]

A computer program is an ordered set of data representing coded

instructions or statements that when executed by a computer cause the

computer to process data or perform specific functions. [13A-8-111(4)]

A computer security system is the design, procedures, or other measures that

the person responsible for the operation and use of a computer employs to restrict the

use of the computer to particular persons or uses or that the owner or licensee of data

stored or maintained by a computer in which the owner or licensee is entitled to store

or maintain the data employs to restrict access to the data. [13A-8-111(5)]

Computer services are the product of the use of a computer, the information

stored in the computer, or the personnel supporting the computer, including computer

time, data processing, and storage functions. [13A-8-111(6)]

Computer software is a set of instructions or statements, and related data, that

when executed in actual or modified form, cause a computer, computer system, or

computer network to perform specific functions. [13A-8-111(7)]

Computer system is a set of related or interconnected computer or

computer network equipment, devices and software. [13A-8-111(8)]

Data is a representation of information, knowledge, facts, concepts, or

instructions, which are prepared and are intended for use in a computer, computer

system, or computer network. Data may be in any form, in storage media, or as stored

in the memory of the computer or in transit. [13A-8-111(9)]

Electronic mail message is a message sent to a unique destination that

consists of a unique user name or mailbox and a reference to an Internet domain,

whether or not displayed, to which such message can be sent or delivered. [13A-

8-111(10)]

Exceeds authorization of use is accessing a computer, computer network, or

other digital device with actual or perceived authorization, and using such access to

obtain or alter information that the accessor is not entitled to obtain or alter. [13A-8-

111(11)]

A financial instrument includes, but is not limited to, any check, cashier's check,

draft, warrant, money order, certificate of deposit, negotiable instrument, letter of

credit, bill of exchange, credit or debit card, transaction authorization mechanism,

marketable security, or any computer system representation thereof. [13A-8-111(12)]

Harm is a partial or total alteration, damage, or erasure of stored data,

interruption of computer services, introduction of a virus, or any other loss,

disadvantage, or injury that might reasonably be suffered as a result of the

actor's conduct. [13A-8-111(13)]

An identification document is any document containing data that is issued to an

individual and which that individual, and only that individual, uses alone or in

conjunction with any other information for the primary purpose of establishing his or her

identity or accessing his or her financial information or benefits.

Identification documents specifically include, but are not limited to, the following:

a. Government issued driver's licenses or identification cards.

b. Payment cards such as credit cards, debit cards, and ATM cards.

c. Passports.

d. Health insurance or benefit cards.

e. Identification cards issued by educational institutions.

f. Identification cards for employees or contractors.

g. Benefit cards issued in conjunction with any government supported aid

program.

h. Library cards issued by any public library.

[13A-8-111(14)]

Identifying information are specific details that can be used to access a

person's financial accounts, obtain identification, or to obtain goods or services,

including, but not limited to:

a. Social Security number.

b. Driver's license number.

c. Bank account number.

d. Credit card or debit card number.

e. Personal identification number (PIN).

f. Automated or electronic signature.

g. Unique biometric data.

h. Account password.

[13A-8-111(15)]

An integrated circuit card is also known as a smart card or chip card, a

pocket sized, plastic card with embedded integrated circuits used for data storage

or special purpose processing used to validate personal identification numbers

(PINs), authorize purchases, verify account balances and store personal records.

When inserted into a reader, it transfers data to and from a central computer. [13A-

8-111(16)]

An owner is an owner or lessee of a computer or a computer network, or an

owner, lessee, or licensee of computer data, computer programs, or computer

software. [13A-8-111(17)]

Property includes a financial instrument, data, databases, data while in

transit, computer software, computer programs, documents associated with

computer systems and computer programs, or copies whether tangible or

intangible. [13A-8-111(18)]

Radio Frequency Identification (RFID) is a technology that uses radio

waves to transmit data remotely from an RFID tag, through a reader, from

identification documents. It is used in contactless integrated circuit cards, also

known as proximity cards. [13A-8-111(19)]

Radio Frequency Identification (RFID) Tags are also known as RFID labels and

are the hardware for an RFID system that electronically stores and processes

information, and receives and transmits the signal. [13A-8-111(20)]

A reencoder is an electronic device that places encoded information from the

magnetic strip, integrated circuit, RFID tag of an identification document onto the

magnetic strip, integrated circuit, or RFID tag of a different identification document.

[13A-8-111(21)]

A scanning device is a scanner, reader, or any other electronic device that is

used to access, read, scan, obtain, memorize, or store, temporarily or permanently,

information encoded on the magnetic strip, integrated circuit, or RFID tag of an

identification document. [13A-8-111(22)]

A virus means an unwanted computer program or other set of instructions

inserted into a computer's memory, operating system, or program that is specifically

constructed with the ability to replicate itself or to affect the other programs or files in

the computer by attaching a copy of the unwanted program or other set of

instructions to one or more computer programs or files.

[13A-8-111(23)]

A web page is a location that has a single uniform resource locator or other

single location with respect to the Internet. [13A-8-111(24)]

[Read as appropriate]: This law does not apply to any acts which are

committed by a person within the scope of his/her lawful employment. A person acts

within the scope of his/her employment when he/she performs acts which are

reasonably necessary to the performance of his/her work assignment.

[13A-8-112(b)(1)]

A person acts knowingly with respect to conduct or to a circumstance

described by a statute defining an offense he/she is aware that his/her conduct is

of that nature or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the elements of the offense of computer tampering, then you shall find

the defendant guilty of computer tampering.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of computer tampering, then you

shall find the defendant not guilty of computer tampering.

[Approved October 18, 2019].