Del. P.J.I. Crim. No. 11.936

DESTRUCTION OF COMPUTER EQUIPMENT

In order to find Defendant guilty of Destruction of Computer Equipment, you

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

doubt:

(1) Defendant tampered with, took, transferred, concealed, altered, damaged,

or destroyed computer equipment;

(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 Destruction of Computer Equipment - Class A Misdemeanor/the

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

charging Defendant with Destruction of Computer Equipment - 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 Destruction of Computer Equipment - Class E Felony. Therefore, you

must find beyond a reasonable doubt the value of the property or services is greater

property or services is greater than $10,000 and is therefore charging Defendant with

Destruction of Computer Equipment - 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 Destruction of Computer Equipment - 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 tampering with, taking, transfer, concealment, alteration, damage to, or

destruction of the computer equipment.

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

substantial and unjustifiable risk tampering with, taking, transfer, concealment,

alteration, damage to, destruction of the computer equipment 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 program" means a set of instructions, statements or related data that,

in actual or modified form, is capable of causing a computer or computer system to

perform specified functions.

"Computer services" includes, but is not limited to, computer access, data

processing and data storage.

"Computer software" means one or more computer programs, existing in any

form, or any associated operational procedures, manuals or other documentation.

"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.