A person commits computer fraud by gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, or destroying any computer, computer system, computer network, or any part of a computer, system, or network, without authorization and with the intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or control property or services by means of false or fraudulent pretenses, representations, or promises.

ESSENTIAL ELEMENTS OF OFFENSE

The State’ s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

2) Gained or attempted to gain access to, altered, damaged, modified, copied, disclosed, took possession of or destroyed any computer, computer system, computer network or any part of such computer, system or network; 3) Without authorization, and 4) With intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or control property or services by means of false or fraudulent pretenses, representations, or promises.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 12.1-06.1-01(3).]

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