Conn. Crim. Jury Instr. 10.5-2

The defendant is charged [in count__] with the unlawful sale or distribution of software designed

to facilitate falsification of electronic mail transmission or routing information. The statute

defining this offense reads in pertinent part as follows:

it shall be unlawful for any person to knowingly (sell / give / distribute / possess with

the intent to sell, give or distribute) software that <insert appropriate subsection:>

• § 53-451 (c) (1): is primarily designed or produced for the purpose of facilitating or

enabling the falsification of electronic mail transmission information or other routing

information.

• § 53-451 (c) (2): has only limited commercially significant purpose or use other than to

facilitate or enable the falsification of electronic mail transmission information or other

routing information.

• § 53-451 (c) (3): is marketed by that person or another acting in concert with that person

with that person’s knowledge for use in facilitating or enabling the falsification of

electronic mail transmission information or other routing information.

Element 1 - Sold, distributed, possessed software

The first element is that the defendant (sold / gave / distributed / possessed with the intent to sell,

give, or distribute) software that <insert as appropriate:>

• § 53-451 (c) (1): is primarily designed or produced for the purpose of facilitating or

enabling the falsification of electronic mail transmission information or other routing

information.

• § 53-451 (c) (2): has only limited commercially significant purpose or use other than to

facilitate or enable the falsification of electronic mail transmission information or other

routing information.

• § 53-451 (c) (3): is marketed by that person or another acting in concert with that person

with that person’s knowledge for use in facilitating or enabling the falsification of

electronic mail transmission information or other routing information.

“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.

Element 2 - Knowledge

The second element is that the defendant had knowledge of the character of the software. A

person acts “knowingly” with respect to conduct or circumstances when (he/she) is aware that

(his/her) conduct is of such nature or that such circumstances exist. <See Knowledge, Instruction

2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / gave /

distributed / possessed with the intent to sell, give, or distribute) software designed to facilitate

falsification of electronic mail transmission or routing information, and 2) the defendant knew

the character of the software.

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

of the crime of the unlawful sale or distribution of certain software, 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.