Wis JI-Criminal 1505

Statutory Definition of the Crime

Computer crime, as defined by § 943.70(2)(a)6. of the Criminal Code of Wisconsin,

is committed by one who willfully, knowingly, and without authorization discloses

restricted access codes or other restricted access information to unauthorized persons.

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 four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant disclosed restricted access codes or other restricted access

information 1 to (name of person).

2. (Name of person) was not authorized to receive the restricted information.

3. The defendant had no authorization to disclose restricted access codes or other

restricted access information to (name of person).

4. The defendant acted intentionally. 2

This requires that the defendant acted with the purpose of disclosing

restricted access codes or other restricted access information to an unauthorized

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

authorization and knew that the disclosure was to an unauthorized person.

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 four 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: 3

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

["Was the offense committed (to defraud) (to obtain property 4)?"] 5

["Did the offense result in damage valued at more than $2,500?"] 6

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

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

other public service)?"] 7

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

death or great bodily harm to another?"] 8

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."]