Proposed Mississippi Plain Language Model Jury Instructions - Criminal 5021

[Name of defendant] is charged in count ___ with an offense against a computer user.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in __________ County;

2A. [Name of defendant] intentionally and unlawfully denied an authorized user of the full and

effective use of or access to a computer, computer system, computer network, or computer

services, without [consent/permission];

OR

2B. [Name of defendant] intentionally and unlawfully used the numbers, codes, passwords, or

another means to access a computer, computer system, computer network, or computer services,

without [consent/permission];

OR

2C. [Name of defendant] intentionally and unlawfully disclosed to [name of person] the numbers,

codes, passwords, or other means to access a computer, computer system, computer network, or

computer services, without [consent/permission]; and

3. The damage or loss caused to the ____________ [specify computer, computer system,

computer network, or computer program] was valued at $100.00 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 services” mean providing access to, service, or data from,

or data processing from a computer, computer system, or computer network.

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.

In this instruction, “use” means to communicate with, store data in, or retrieve data from

a computer or use a computer in another way.