O42.2 Computer Fraud: Obtaining Financial Information

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
O42.2
Statute
18 U.S.C. § 1030(a)(2) & (c)(2)(B)
Edition
Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
Official source
Official PDF, page 315

Elements

Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant intentionally accessed a computer [without authorization] [in a way or to an extent beyond the permission given]; and

(2) the Defendant got information from a [financial record of a financial institution] [financial record of the issuer of a credit card] [file of a consumer reporting agency concerning a consumer]; and

(3) the Defendant acted [for private financial gain or a commercial advantage] [to further a criminal or tortious act] [to get information worth more than $5,000].

Related practice page

Cyber Crimes Defense in Miami

Official source: Official PDF, page 315

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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