MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5020
Computer Fraud
[Name of defendant] is charged in count ___ with computer fraud.
If you find beyond a reasonable doubt from the evidence in this case that:
1. On or about [date of alleged crime], in __________ County;
2. [Name of defendant] unlawfully [accessed/caused to be accessed] a ____________ [specify
computer, computer system, computer network], intending to:
A. Defraud; or
B. [Obtain/Get] [money/property/services] by use of [false/fraudulent]
[conduct/practices/representations]; or
C. [Obtain/Get] [money/property/services] through a [false/fraudulent]
[alteration/deletion/insertion] of programs or data; or
D. [Insert/Attach] a set of instructions or a computer program into a computer program,
computer, computer system, or computer network, intending to
[acquire/alter/damage/delete/disrupt/destroy] property; or
E. Knowingly create the opportunity for an unknowing and unwanted insertion or
attachment of a set of instructions or a computer program into a computer program,
computer, computer system, or computer network, intending to
[acquire/alter/damage/delete/disrupt/destroy] property; or
F. Use the services of a computer program, computer, computer system, or computer
network; and
3. The damage or loss caused to the ____________ [specify computer, computer system,
computer network, or computer program] was valued at $500.00 or more,
then you shall find [name of defendant] guilty as charged.
If the State did not prove any one of the above listed elements beyond a reasonable doubt,
then you shall find [name of defendant] not guilty of count _____.
Definition(s) in this Instruction:
In this instruction, “access” means to program, to execute programs on, to communicate
with, or to retrieve or store data on a computer, computer system, or computer network. “Access”
also means to use computer resources.
In this instruction, “computer” means an electronic data processing device or system
which performs data storage functions.
In this instruction, “computer network” means a set of connected devices with at least one
(1) computer capable of transmitting data through communication facilities.
In this instruction, “computer program” means a set of data with coded instructions that
when the computer performs the program, the computer processes data.
In this instruction, “computer system” means a set of working-related computer
equipment, devices, or computer software.
In this instruction, “damage” or “loss” means the victim's reasonable costs as a result of
the crime or the interruption of service. “Damage” or “loss” also includes the cost of responding
to a crime; determining how much damage occurred; restoring the data, computer program, or
computer system to its original condition; and any money lost as a result of the crime.
History
Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5020 (current as of June 30, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
51793b1bedf380aa372c683cf82a7cf48645b39808646f4c344351af69d74ac8
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