Conn. Crim. Jury Instr. 10.5-1

The defendant is charged [in count__] with the unauthorized use of a computer or computer

network. The statute defining this crime reads in pertinent part as follows:

it shall be unlawful for any person to use a computer or computer network without

authority and with the intent to <insert appropriate subsection:>

• § 53-451 (b) (1): temporarily or permanently remove, halt or otherwise disable any

computer data, computer programs or computer software from a computer or computer

network.

• § 53-451 (b) (2): cause a computer to malfunction, regardless of how long the

malfunction persists.

• § 53-451 (b) (3): alter or erase any computer data, computer programs or computer

software.

• § 53-451 (b) (4): effect the creation or alteration of a financial instrument or of an

electronic transfer of funds.

• § 53-451 (b) (5): cause physical injury to the property of another.

• § 53-451 (b) (6): make or cause to be made an unauthorized copy, in any form, including,

but not limited to, any printed or electronic form of computer data, computer programs or

computer software residing in, communicated by or produced by a computer or computer

network.

• § 53-451 (b) (7): falsify or forge electronic mail transmission information or other

routing information in any manner in connection with the transmission of unsolicited

bulk electronic mail through or into the computer network of an electronic mail service

provider or its subscribers.

[<Insert if appropriate:> For the purposes of this statute, “person” means a natural person,

corporation, limited liability company, trust, partnership, incorporated or unincorporated

association and any other legal or governmental entity, including any state or municipal entity or

public official. <Describe the status of the defendant as a person.>]

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Used a computer or computer network

The first element is that the defendant used a computer or computer network.

“Computer” means an electronic, magnetic or optical device or group of devices that, pursuant to

a computer program, human instruction or permanent instructions contained in the device or

group of devices, can automatically perform computer operations with or on computer data and

can communicate the results to another computer or to a person. “Computer” includes any

connected or directly related device, equipment or facility that enables the computer to store,

retrieve or communicate computer programs, computer data or the results of computer operations

to or from a person, another computer or another device.

“Computer network” means a set of related, remotely connected devices and any

communications facilities including more than one computer with the capability to transmit data

among them through the communications facilities.

For purposes of this offense, a person “uses” a computer or computer network when such person

<insert as appropriate:>

• attempts to cause or causes a computer or computer network to perform or to stop

performing computer operations. “Computer operation” means arithmetic, logical,

monitoring, storage or retrieval functions and any combination thereof, and includes, but

is not limited to, communication with, storage of data to or retrieval of data from any

device or human hand manipulation of electronic or magnetic impulses. A computer

operation for a particular computer may also be any function for which that computer was

generally designed.

• attempts to cause or causes the withholding or denial of the use of a computer, computer

network, computer program, computer data or computer software to another user.

“Computer program” means an ordered set of data representing coded instructions or

statements that, when executed by a computer, causes the computer to perform one or

more computer operations. “Computer data” means any representation of information,

knowledge, facts, concepts or instructions that is being prepared or has been prepared and

is intended to be processed, is being processed or has been processed in a computer or

computer network. Computer data may be in any form, whether readable only by a

computer or only by a human or by either, including, but not limited to, computer

printouts, magnetic storage media, punched cards or stored internally in the memory of

the computer. “Computer software” means a set of computer programs, procedures and

associated documentation concerned with computer data or with the operation of a

computer, computer program or computer network.

• attempts to cause or causes another person to put false information into a computer.

Element 2 - Without authority

The second element is that the defendant did not have the authority to <insert specific

allegations>. A person is “without authority” when such person <insert as appropriate:>

• has no right or permission of the owner to use a computer or such person uses a computer

in a manner exceeding such right or permission. “Owner” means 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.

• uses a computer, a computer network or the computer services of an electronic mail

service provider to transmit unsolicited bulk electronic mail in contravention of the

authority granted by or in violation of the policies set by the electronic mail service

provider. “Electronic mail service provider” means any person who (A) is an

intermediary in sending or receiving electronic mail, and (B) provides to end-users of

electronic mail services the ability to send or receive electronic mail. Transmission of

electronic mail from an organization to its members shall not be deemed to be unsolicited

bulk electronic mail.

Element 3 - Intent

The third element is that the defendant specifically intended to <insert as appropriate:>

• § 53-451 (b) (1): temporarily or permanently remove, halt or otherwise disable any

computer data, computer programs or computer software from a computer or computer

network.

• § 53-451 (b) (2): cause a computer to malfunction, regardless of how long the

malfunction persists.

• § 53-451 (b) (3): alter or erase any computer data, computer programs or computer

software.

• § 53-451 (b) (4): effect the creation or alteration of a financial instrument or of an

electronic transfer of funds. “Financial instrument” includes, but is not limited to, any

check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of

exchange, credit or debit card, transaction authorization mechanism, marketable security

or any computerized representation thereof.

• § 53-451 (b) (5): cause physical injury to the property of another. “Property” means: (A)

Real property; (B) computers and computer networks; (C) financial instruments,

computer data, computer programs, computer software and all other personal property

regardless of whether they are: (i) Tangible or intangible; (ii) in a format readable by

humans or by a computer; (iii) in transit between computers or within a computer

network or between any devices which comprise a computer; or (iv) located on any paper

or in any device on which it is stored by a computer or by a human; and (D) computer

services.

• § 53-451 (b) (6): make or cause to be made an unauthorized copy, in any form, including,

but not limited to, any printed or electronic form of computer data, computer programs or

computer software residing in, communicated by or produced by a computer or computer

network.

• § 53-451 (b) (7): falsify or forge electronic mail transmission information or other

routing information in any manner in connection with the transmission of unsolicited

bulk electronic mail through or into the computer network of an electronic mail service

provider or its subscribers.

A person acts “intentionally” with respect to a result when (his/her) conscious objective is to

cause such result. <See Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant used a

computer or computer network, 2) (he/she) did not have authority to use the computer or

computer network in the manner (he/she) did, and 3) (he/she) intended to <insert allegations of

intent>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of unauthorized use of a computer or computer network, then you shall find the

defendant guilty. On the other hand, if you unanimously find that the state has failed to prove

beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.