11th Cir. Pattern Jury Instr. (Criminal) O42.3

Causing Damage to Computer or Program

18 U.S.C. § 1030(a)(5)(A) and (B)

It’s a Federal crime to knowingly transmit a harmful [program]

[information] [code] [command] to a protected computer [system] without

authorization.

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 transmitted [a program] [information] [a

code] [a command] to a protected computer without authorization;

(2) the Defendant intended to access a protected computer without

authorization and [recklessly] cause damage; and

(3) the damage resulted in [losses of more than $5,000 during a one -

year period [beginning [date], and ending [date]] [modification or

impairment, or potential modification or impairment, of one or

more individual’s medical examination, diagnosis, treatment, or

care] [physical injury to any person] [a threat to public health or

safety] [affecting a computer system used by or for a government

entity in furtherance of the administration of justice, national

defense, or national security].

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.

The term “protected computer” means [a computer exclusively for the use of

a financial institution or the United States Government] [a computer used by or for

a financial institution or the United States Government and the conduct

constituting the offense affects that use by or for the financial institution or the

Government] [a computer that is used in interstate or foreign commerce or

communication, including a computer located outside the United States that is used

in a manner that affects interstate or foreign commerce or communications of the

United States].

The term “interstate commerce” refers to any transaction or event that

involves travel, trade, transportation or communication between a place in one

state and a place in another state.

The term “foreign commerce” refers to any transaction or event that involves

travel, trade, transportation or communication between a place in the United States

and a place outside the United States.