Del. P.J.I. Crim. No. 11.937(2)

UNREQUESTED OR UNAUTHORIZED ELECTRONIC MAIL

OR USE OF NETWORK OR SOFTWARE TO CAUSE SAME

In order to find Defendant guilty of Unrequested or Unwanted Electronic Mail

or the Use of Network or Software to Cause Same, you must find the State has proved

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

(1) Defendant used a computer or computer network without authority to

transmit unsolicited bulk electronic mail through or into the computer network of an

electronic mail service provider or its subscribers;

(2) Defendant falsified or forged electronic mail transmission information; and

(2) Defendant acted intentionally.

Unrequested or Unauthorized Electronic Mail or Use of Network or Software

to Cause Same is a Class D, E, or G Felony, or a Class A Misdemeanor, depending on

the value of the property or services affected by Defendant’s access to them.

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 Unrequested or Unwanted Electronic Mail or the Use of Network

or Software to Cause Same - Class A Misdemeanor/the State contends the value of the

property or services is at least $1,500 and is therefore charging Defendant with

Unrequested or Unwanted Electronic Mail or the Use of Network or Software to Cause

Same - 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 Unrequested or Unwanted Electronic Mail

or the Use of Network or Software to Cause Same - 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

Unrequested or Unwanted Electronic Mail or the Use of Network or Software to Cause

Same - 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 Unrequested or Unwanted Electronic Mail or the Use of Network or Software to

Cause Same - 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.]

[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.]

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

distribute unsolicited bulk commercial electronic mail.

“Computer” means a programmable, electronic device capable of accepting and

proceeding 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 equipment, along with control mechanisms

associated thereto.

“Computer software” means 1 or more computer programs, existing in any form,

or any associated operational procedures, manuals or other documentation.

“Data” means information of any kind in any form, including computer

software.

“Electronic mail” means any message that is automatically passed from an

originating address or account to a receiving address or account.

"Electronic mail service provider" means any person who is an intermediary in

sending and receiving electronic mail and provides to end-users of electronic mail

services the ability to send or receive electronic mail.