Conn. Crim. Jury Instr. 9.6-6

Note: The various types of computer crime are defined in § 53a-251. The degree of the

offense is determined by the value of the property damaged or services stolen or interfered

with. See § 53a-252 (first degree: exceeds $10,000), § 53a-253 (second degree: exceeds

$5,000), § 53a-254 (third degree: exceeds $1,000), § 53a-255 (fourth degree: exceeds $500),

and § 53a-256 (fifth degree: does not exceed $500). In addition, the value of the property or

services is irrelevant if the defendant recklessly created a risk of serious physical injury, in

which case it is third degree (e.g., interfering with the computer system of a medical or

emergency organization).

The defendant is charged [in count__] with misuse of computer system information in the (first /

second / third/ fourth / fifth) degree. The statute defining this crime reads in pertinent part as

follows:

a person is guilty of the computer crime of misuse of computer system information

when (he/she) <insert appropriate subsection:>

• § 53a-251 (e) (3): knowingly receives or retains data obtained in violation of subdivision

(1) or (2) of this subsection.

• § 53a-251 (e) (4): uses or discloses data (he/she) knows or believes was obtained in

violation of subdivision (1) or (2) of this subsection.

[<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 - Data obtained in violation of subsection (1) or (2)

The first element is that data was obtained in violation of subdivision (1) or (2) of this

subsection. These subsections prohibit <insert specific prohibitions alleged and the specific

allegations concerning how the data was obtained>.

Element 2 - Received / retained / used / disclosed data

The second element is that the defendant (received / retained / used / disclosed) the data. <Insert

specific allegations.>

<See Intent: General, Instruction 2.3-1.>

Element 3 - Knowledge

The third element is that the defendant knew that the data had been unlawfully obtained. 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.>

Element 4 - Value of property or services / Risk of serious physical injury

[<If the state is alleging a dollar amount of damages:>

The fourth element is that the damage to or the value of the property or computer services

<insert according to degree charged:>

• First degree: exceeds $10,000.

• Second degree: exceeds $5,000.

• Third degree: exceeds $1,000.

• Fourth degree: exceeds $500.

• Fifth degree: is $500 or less.

The value of property or computer services is either 1) the market value of the property or

computer services at the time of the crime; or 2) if the property or computer services are

unrecoverable, damaged or destroyed as a result of the crime, the cost of reproducing or

replacing the property or computer services at the time of the crime. When the value of the

property or computer services or damage to the property or the services cannot be satisfactorily

ascertained, the value shall be deemed to be two hundred fifty dollars. The value of private

personal data shall be deemed to be one thousand five hundred dollars.

[<If there are multiple items and their values can be aggregated:> In making this determination,

you may add or aggregate the value of the property involved. You can only aggregate amounts if

the thefts were committed pursuant to one scheme or course of conduct,

whether from the same or several persons.

2]

[<If the state is alleging reckless conduct:>3

The fourth element is that the defendant engaged in conduct that created a risk of serious

physical injury to another person. A person acts “recklessly” with respect to a result or

circumstances when (he/she) is aware of and consciously disregards a substantial and

unjustifiable risk that such result will occur or that such circumstances exist. <See Recklessness,

Instruction 2.3-4.>

“Serious physical injury” is something more serious than mere physical injury, which is defined

as “impairment of physical condition or pain.” It is more than a minor or superficial injury. It is

defined by statute as “physical injury which creates a substantial risk of death, or which causes

serious disfigurement, serious impairment of health or serious loss or impairment of the function

of any bodily organ.”]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) data was obtained by <insert

specific allegations>, 2) the defendant (received / retained / used / disclosed) the data, 3) the

defendant knew that the data had been obtained unlawfully, and 4) <insert the value of the

damages or the allegations of recklessness>.

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

of the crime of misuse of computer system information in the (first / second / third/ fourth / fifth)

degree, 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.

1 General Statutes § 53a-259.

2 General Statutes § 53a-258.

3 Reckless conduct that creates a risk of serious physical injury to another person is computer

crime in the third degree. General Statutes § 53a-254.