A person commits computer crime by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of any computer, computer system, or computer network, or any computer software, program, or data contained in the computer, computer system, or computer network.

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) Acting intentionally;

3) Either in excess of authorization given or without authorization;

4) Gained or attempted to gain access to, altered, damaged, modified, copied, disclosed, took possession of, introduced a computer contaminant into, destroyed or prevented the authorized use;

5) Of any computer, computer system, or computer network, or any computer software, program, or data contained in the computer, computer system, or computer network;

6) Without authorization, and

7) 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).]

*****