COLJI-Crim. 5.5:08.INT

If you find the defendant not guilty of cybercrime, you should

disregard this instruction and sign the verdict form to indicate your not

guilty verdict.

If, however, you find the defendant guilty of cybercrime, you should

sign the verdict form to indicate your finding of guilt, and answer the

following verdict question on the verdict form. [Although you may

answer “No” to more than one question, you may not answer “Yes” to

more than one question. Further, if you answer “Yes” to any question, you

should not answer the other question[s].]

1. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime less

than three hundred dollars? (Answer “Yes” or “No”)

2. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime three

hundred dollars or more but less than one thousand dollars?

(Answer “Yes” or “No”)

[3. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime one

thousand dollars or more but less than two thousand dollars?

(Answer “Yes” or “No”)]

[4. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime two

thousand dollars or more but less than five thousand dollars?

(Answer “Yes” or “No”)]

[5. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime five

thousand dollars or more but less than twenty thousand

dollars? (Answer “Yes” or “No”)]

[6. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime twenty

thousand dollars or more but less than one hundred thousand

dollars? (Answer “Yes” or “No”)]

[7. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime one

hundred thousand dollars or more but less than one million

dollars? (Answer “Yes” or “No”)]

[8. Was the loss, damage, value of services, or thing of value taken,

or cost of restoration or repair caused by the cybercrime one

million dollars or more? (Answer “Yes” or “No”)]

The prosecution has the burden to prove the amount of the loss,

damage, value of services, or thing of value taken, or cost of restoration or

repair beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.