OUJI-CR 5-130

COMPUTER CRIMES - ELEMENTS

No person may be convicted of violating the Oklahoma Computer Crimes Act, unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willfully;

Second, without authorization;

Third, gained/(attempted to gain) access to;

Fourth, and damaged/modified/altered/deleted/destroyed/copied/(m ade use of)/disclosed/(took possession of);

Fifth, [a computer/(computer system/network)]/[computer property].

OR

First, used;

Second, [a computer/(computer system/network)]/ [computer property];

Third, for the purpose of devising/executing a scheme/artifice;

Fourth, (with the intent to defraud/deceive/extort)/(for the purpose of controlling/obtaining money/property/services/(any thing of value) by means of a false/fraudulent pretense/representation.

OR

First, willfully;

Second, exceeded the limits of authorization;

Third, and damaged/modified/altered/deleted/destroyed/copied/(ma de use of)/ disclosed/(took possession of);

Fourth, [a computer/(computer system/network)]/[computer property].

OR

First, willfully;

Second, without authorization;

Third, gained/(attempted to gain) access to;

Fourth, [a computer/(computer system/network)]/[computer property].

OR

First, willfully;

Second, without authorization;

Third, used/(caused to be used) computer services.

OR

First, willfully;

Second, without authorization;

Third, [disrupted/(caused the disruption of) computer services]/[denied/ (caused the denial of) access/(computer services) to an authorized user of a computer/(computer system/network)].

OR

First, willfully;

Second, without authorization;

Third, provided/(assisted in providing) a means of accessing a computer/ (computer system/network);

Fourth, in [Specify Elements of Violation of 21 O.S. § 1953].

OR

First, (communicated with)/(stored/retrieved data in/from);

Second, a computer system/network;

Third, for the purpose of using the access;

Fourth, to [Specify Elements of Violation of the Oklahoma Statutes].

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Statutory Authority: 21 O.S. 1991, §§ 1953, 1958.