Va. Model Jury Instr. Crim. No. 13.300

The defendant is charged with the crime of computer trespass. The Commonwealth must prove

beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant [temporarily or permanently removed, halted, or disabled computer data,

computer programs or computer software from a computer or computer network; caused a computer to

malfunction, regardless of how long the malfunction persisted; altered, disabled, or erased any computer

data, computer programs, or computer software; used a computer or computer network to effect the

creation or alteration of a financial instrument or of an electronic transfer of funds; used a computer or

computer network to cause physical injury to the property of another; used a computer network to make

or cause to be made an unauthorized copy in any form, including, but not limited to, any printed or

electronic form of computer data, computer programs, or computer software residing in, communicated

by or produced by a computer or computer network]; and

(2) That the defendant acted with malice, or through intentionally deceptive means and without

authority; and

(3) (a) That the value of the property damaged was $1,000 or more and the defendant acted with

malicious intent; or (b) That the defendant did so for the purposes of affecting a computer that is

exclusively [for the use of; used by; used for] [the Commonwealth or any local government within the

Commonwealth or any department or agency thereof; a provider of telephone, including wireless or

voice over Internet protocol, oil, electric, gas, sewer, wastewater, or water service to the public].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime as charged, then you shall find the defendant guilty of the

crime of felony computer trespass, [but you shall not fix the punishment until your verdict has been

returned and further evidence has been heard by you].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the first two elements of the crime as charged but has failed to prove that the value of the

property damaged was $1,000 or more, or that the defendant did so for the purposes of affecting a

computer that is exclusively for the use of, used by, or used for the Commonwealth or public

provider, then you shall find the defendant guilty of the misdemeanor of computer trespass, [but

you shall not fix the punishment until your verdict has been returned and further evidence has

been heard by you].

If you find that the Commonwealth has failed to prove beyond a reasonable doubt either or

both of the first two elements of the crime, then you shall find the defendant not guilty.