Del. P.J.I. Crim. No. 11.850(a)(3)a

USE, POSSESSION, MANUFACTURE, DISTRIBUTION AND

SALE OF UNLAWFUL TELECOMMUNICATION AND ACCESS

DEVICES

In order to find Defendant guilty of Use, Possession, Manufacture, Distribution

and Sale of Unlawful Telecommunication and Access Devices, you must find the

State has proved the following two (2) elements beyond a reasonable doubt:

(1) Defendant [(prepared/distributed/possessed) with intent to

(distribute/sold/gave/ transferred/advertised) for (sale/use/distribution) any

(plans/instructions) for the (manufacture/ assembly) of an unlawful

(telecommunication/access) device with the intent to (use/employ/allow) the unlawful

(telecommunication/access) device to be used/(knowing/having reason to believe) the

unlawful ( telecommunication/ access) device was intended to be

used/(plan/instruction) was intended to be used for the (manufacture/assembly) of the

unlawful (telecommunication/access) device];

(2) Defendant acted knowingly.

“Knowingly” means Defendant was aware Defendant was manufacturing,

distributing or selling a unlawful telecommunication device.

“Manufacture or assembly of any unlawful access device" means to make,

produce or assemble an unlawful access device or modify, alter, program or

reprogram any instrument, device, machine, equipment, technology or software so

that it is capable of defeating or circumventing any technology, device or software

used by the provider, owner or licensee of a telecommunication service, or of any

data, audio or video programs or transmissions, to protect any such

telecommunication, data, audio or video services, programs or transmissions from

unauthorized receipt, acquisition, access, decryption, disclosure, communication,

transmission or retransmission, or to knowingly assist others in those activities.

"Manufacture or assembly of unlawful telecommunications device" means to

make, produce or assemble an unlawful telecommunication device or to modify, alter,

program or reprogram a telecommunication device to be capable of acquiring,

disrupting, receiving, transmitting, decrypting or facilitating the acquisition,

disruption, receipt, transmission or decryption of a telecommunication service

without the express consent or express authorization of the telecommunication

service provider, or to knowingly assist others in those activities.