11th Cir. Pattern Jury Instr. (Criminal) O42.1

18 U.S.C. § 1030(a)(1)

It’s a Federal crime to knowingly access a computer without authorization to

get secret information to be used to the injury of the United States or to give some

advantage to any foreign nation.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly accessed a computer [without

authorization] [in a way that went beyond authorized use];

(2) the Defendant got [information that the United States Government

protected against unauthorized disclosure for national defense or

foreign relations reasons] [data about the design, manufacture, or

use of atomic weapons]; and

(3) the Defendant intended to use the [information] [data] to harm the

United States or to give some advantage to a foreign nation.

The term “computer” includes any high- speed data -processing device that

can perform logical, arithmetic, or storage functions, including any data -storage

facility or communications facility that is directly related to or operates in

conjunction with the device.

[To access a computer “in a way that goes beyond authorized use” is to use

the computer to get or change information that the person is not permitted to get or

change.]

The Government does not have to prove that any [secret information]

[restricted data] the Defendant obtained without permission was actually used to

harm of the United States or to the advantage of any foreign nation. But the

Government must prove that the Defendant intended to use the [secret information]

[restricted data] to harm the United States or give some advantage to a foreign

nation.