CJI2d[NY] Penal Law § 156.29

The (specify) count is Unlawful Duplication of Computer Related Material in the Second Degree.

A person is guilty of Unlawful Duplication of Computer Related Material in the Second Degree when having no right to do so, he or she copies, reproduces or duplicates in any manner any computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals with an intent to commit or further the commission of a crime under the Penal Law .1

[Add if applicable:

It is a defense that the defendant had reasonable grounds to believe that he or she had the right to copy, reproduce or duplicate in any manner the computer material.²]

The following terms used in that definition have a special meaning: ³

For purposes of this crime, COMPUTER MATERIAL is property and means any computer data⁴ or computer program⁵ which contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals.

[This term does not apply to the gaining access to or duplication solely of the medical history or medical treatment records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated;] ⁶

[COMPUTER DATA, as used in the definition of “computer material,” is property and means a representation of information, knowledge, facts, concepts or instructions which are being processed, or have been processed in a computer and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.⁷]

[COMPUTER PROGRAM, as used in the definition of “computer material” is property and means an ordered set of data representing coded instructions or statements that, when executed by computer, cause the computer to process data or direct the computer to perform one or more computer operations or both and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.⁸]

Intent means conscious objective or purpose. Thus, a person has the INTENT TO COMMIT or further the commission of a crime under the Penal Law when his or her conscious objective or purpose is to do so. ⁹

(Specify) is a/are crime(s) under the Penal Law.

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, [both/each] of the following [two/three] elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) having no right to do so, copied, reproduced or duplicated in any manner any computer material that contained records of the medical history or medical treatment of an identified or readily identifiable individual or individuals; [and]

2. That defendant did so with an intent to commit or further the commission of a crime under the Penal Law; [and]

[Add if applicable:

3. That the defendant did not have reasonable

grounds to believe that he/she had the right to copy, reproduce or duplicate in any manner the computer data or the computer program.]

If you find the People have proven beyond a reasonable doubt [both / each] of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt [either one / any one or more] of those elements, you must find the defendant not guilty of this crime.