Del. P.J.I. Crim. No. 11.932

UNAUTHORIZED ACCESS TO A COMPUTER SYSTEM

In order to find Defendant guilty of Unauthorized Access to a Computer

System, you must find the State has proved the following three (3) elements beyond a

reasonable doubt:

(1) Defendant accessed, or caused to be accessed, a computer system;

(2) Defendant was not authorized to access, or cause access to, the computer

system;

(3) Defendant acted knowingly.

In this case, [the State concedes the value of the property or services is less than

$1,500. No further proof regarding the value of the property or services is needed and

the correct offense is Unauthorized Access to a Computer System - Class A

Misdemeanor/the State contends the value of the property or services is at least $1,500

and is therefore charging Defendant with Unauthorized Access to a Computer System

- Class G Felony. Therefore, you must find beyond a reasonable doubt the value of the

property or services is greater than $1,500 and so indicate on the verdict sheet/the

State contends the value of the property or services is greater than $5,000 and is

therefore charging Defendant with Unauthorized Access to a Computer System - Class

E Felony. Therefore, you must find beyond a reasonable doubt the value of the

property or services is greater than $5,000 and so indicate on the verdict sheet/the

State contends the value of the property or services is greater than $10,000 and is

therefore charging Defendant with Unauthorized Access to a Computer System - Class

D Felony. Therefore, you must find beyond a reasonable doubt the value of the

property or services is greater than $10,000 and so indicate on the verdict sheet/[if

applicable] the State contends Defendant engaged in conduct that created a risk of

serious physical injury to another person, and is therefore charging Defendant with

Unauthorized Access to a Computer System - Class G Felony. Therefore, you must

find beyond a reasonable doubt Defendant engaged in conduct that created a risk of

serious physical injury to another person and so indicate on the verdict sheet.]

“Knowingly” means Defendant was aware Defendant’s conduct was

unauthorized.

"Access" means to instruct, communicate with, store data in or retrieve data

from a computer, computer system or computer network.

"Computer" means a programmable, electronic device capable of accepting and

processing data.

"Computer network” means a set of related devices connected to a computer by

communications facilities; a complex of two (2) or more computers, including related

devices, connected by communications facilities; or the communications transmission

facilities and devices used to interconnect computational equipment, along with

associated control mechanisms.

"Computer system" means a computer, its software, related equipment and

communications facilities, if any, and includes computer networks.

"Data" means information of any kind in any form, including computer

software.

"Property" means anything of value, including data.

“Value” means the market value of the property or services at the time and place

of the offense, or if that cannot be easily determined, the cost of replacing the property

or services within a reasonable time after the crime occurred.

[if applicable]

["Serious physical injury" means any physical injury which creates a substantial

risk of death, or which causes serious and prolonged disfigurement, prolonged

impairment of health, or prolonged loss or impairment of the function of any bodily

organ.]