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

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].