O42.3 Computer Fraud: Causing Damage to Computer or Program

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
O42.3
Statute
18 U.S.C. § 1030(a)(5)(A) & (B)
Edition
Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
Official source
Official PDF, page 318

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 knowingly transmitted [a program] [information] [a code] [a command] to a protected computer without authorization;

(2) the Defendant intended to access a protected computer without authorization and [recklessly] cause damage; and

(3) the damage resulted in [losses of more than $5,000 during a one-year period [beginning [date], and ending [date]] [modification or impairment, or potential modification or impairment, of one or more individual’s medical examination, diagnosis, treatment, or care] [physical injury to any person] [a threat to public health or safety] [affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security].

Related practice page

Cyber Crimes Defense in Miami

Official source: Official PDF, page 318

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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