Del. P.J.I. Crim. No. 11.935(4)

MISUSE OF COMPUTER SYSTEM INFORMATION

In order to find Defendant guilty of Misuse of Computer System Information,

you must find the State has proved the following two (2) elements beyond a

reasonable doubt:

(1) Defendant used or disclosed any date Defendant knew or believed was

obtained in violation of subsection [(1)/(2)] of section 935 of the Criminal Code; and

(2) 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 Misuse of Computer System Information - Class A

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

and is therefore charging Defendant with Misuse of Computer System Information -

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 Misuse of Computer System Information - 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

therefore charging Defendant with Misuse of Computer System Information - 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

Misuse of Computer System Information - 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 (unlawful action) was

unlawful.

"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 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 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, or

which causes the unlawful termination of a pregnancy without the consent of the

pregnant female.]

“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.