Del. P.J.I. Crim. No. 11.933

THEFT OF COMPUTER SERVICES

In order to find Defendant guilty of Theft of Computer Services, you must find

the State has proved the following three (3) elements beyond a reasonable doubt:

(1) Defendant accessed, caused to be accessed, used or caused to be used, a

computer system;

(2) Defendant obtained unauthorized computer services, software or data as a

result of Defendant’s access to or use of the computer system; and

(3) Defendant acted intentionally.

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 Theft of Computer Services - Class A Misdemeanor/the State

contends the value of the property or services is at least $1,500 and is therefore

charging Defendant with Theft of Computer Services - 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

Theft of Computer Services - 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 Theft of Computer

Services - 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 Theft of Computer Services - 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.]

“Intentionally” means it was Defendant’s conscious objective or purpose to

obtain services, software or data without obtaining proper permission.

"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.]