Del. P.J.I. Crim. No. 11.934

INTERRUPTION OF COMPUTER SERVICES

In order to find Defendant guilty of Interruption of Computer Services, you

must find the State has proved the following three (3) elements beyond a reasonable

doubt:

(1) Defendant disrupted, degraded, or caused the disruption or degradation, of

of computer services to an authorized user of a computer system;

(2) Defendant acted without authorization; and

(3) Defendant acted intentionally or recklessly.

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 Interruption 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 Interruption 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 Interruption 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

Interruption 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 Interruption 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

cause the disruption or degradation.

“Recklessly” means Defendant was aware of and consciously disregarded a

substantial and unjustifiable risk that disruption or degradation would result from

Defendant’s conduct. The State must demonstrate the risk was of such a nature and

degree Defendant’s disregard of the risk was a gross deviation from the standard of

conduct a reasonable person would observe under the same circumstances.

"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.

[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.]

“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.