VA · jury_instructions
Va. Model Jury Instr. Crim. No. 13.330
Computer Trespass—Installing Software (Felony)
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 [installed; caused to be installed] on the computer of (name of computer’s
owner) computer software for the purpose of [taking control of the computer so that it can cause
damage to another computer; disabling or disrupting the ability of the computer to share or transmit
instructions or data to (other computers; any related computer equipment or devices, including but not
limited to printers, scanners, or fax machines); 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
felony 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 from the evidence that the Commonwealth has proved beyond a reasonable doubt
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.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
ce6d79580cab99a5800c5d82349bd5cc18865897c4349f8ac63f6d7dfc603439
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