Wis JI-Criminal 1504

Statutory Definition of the Crime

Computer crime, as defined by § 943.70(2)(a) of the Criminal Code of Wisconsin, is

committed by one who willfully, knowingly, and without authorization (modifies)

(destroys) (accesses) (takes possession of) (copies) computer data or programs.

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (modified) (destroyed) (accessed) (took possession of) (copied)

computer data or programs.

2. The defendant had no authorization to (modify) (destroy) (access) (take

possession of) (copy) computer data or programs.

3. The defendant acted intentionally. 1

This requires that the defendant acted with the purpose of (modifying)

(destroying) (accessing) (taking possession of) (copying) computer data or

programs. It further requires that the defendant knew that (he) (she) did not have

authorization.

[Meaning of "Computer Program"]

["Computer program" 2 means an ordered set of instructions or statements that, when

executed by a computer, causes the computer to process data.]

[Meaning of "Computer Data"]

["Computer data" 3 means a representation of information, knowledge, facts,

concepts, or instructions that has been prepared or is being prepared in a formalized

manner and has been processed, is being processed, or is intended to be processed in a

computer system 4 or computer network. 5 Data may be in any form, including computer

printouts, magnetic storage media, punched cards, and as stored in the memory of the

computer.]

[Meaning of "Computer"]

["Computer" 6 means an electronic device that performs logical, arithmetic, and

memory functions by manipulating electronic or magnetic impulses and includes all

input, output, processing, storage, computer software, 7 and communications facilities that

are connected or related to a computer in a computer system or computer network.]

Deciding About Purpose and Knowledge

You cannot look into a person's mind to find purpose and knowledge. Purpose and

knowledge must be found, if found at all, from the defendant's acts, words, and

statements, if any, and from all the facts and circumstances in this case bearing upon

purpose and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

ADD ONE OF THE FOLLOWING IF A FACT INCREASING THE PENALTY

AS SET FORTH IN § 943.70(2)(b)2., 3g., 3r., or 4. IS ALLEGED AND THE

EVIDENCE WOULD SUPPORT A FINDING THAT IT IS PRESENT: 8

[If you find the defendant guilty, you must answer the following question:

["Was the offense committed (to defraud) (to obtain property 9)?"] 10

["Did the offense result in damage valued at more than $2,500?"] 11

["Did the offense cause an interruption or impairment of (governmental

operations) (public communication) (transportation) (a supply of water, gas, or

other public service)?"] 12

["Did the offense create a situation of unreasonable risk and high probability of

death or great bodily harm to another?"] 13

Before you may answer this question "yes," the State must prove by evidence which

satisfies you beyond a reasonable doubt that the answer to the question is "yes."

If you are not so satisfied, you must answer the question "no."]