Any person who intentionally and without authorization, directly or indirectly, [accesses any computer, computer system, or computer network] [alters, damages, destroys, attempts to damage, attempts to destroy, or causes the disruption to the proper operation of any computer] [performs any act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data] [introduces or is responsible for the input of any computer contaminant into any computer, computer system, or computer network] [accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, or computer network, for the purpose of gaining access to computer material or to tamper with computer security devices] is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

[Part A:

(1) that the defendant, directly or indirectly, accessed any [computer]

[computer system] [computer network] without authorization;

(2) that the defendant acted intentionally.]

[Part B:

(1)(a) that the defendant, without authorization, directly or indirectly,

[altered] [damaged] [destroyed] [attempted to damage] [attempted

to destroy] [caused disruption to] the proper operation of any

computer without authorization;

(b) that the defendant, without authorization, directly or indirectly,

performed any act which was responsible for the disruption of any

[computer] [computer system] [computer network] [computer

software] [program] [data which resides or exists internal or

external to a computer, computer system or computer network]

without authorization;

(2) that the defendant acted intentionally.]

[Part C:

(1) that the defendant, without authorization, directly or indirectly,

introduced or was responsible for the input of any computer

contaminant into any [computer] [computer system] [computer

network];

(2) that the defendant acted intentionally.]

[Part D:

(1) that the defendant, without authorization, directly or indirectly,

[accessed] [caused to be accessed] [attempted to access] any

[computer software] [computer program] [data] [computer]

[computer system] [computer network], or any part thereof;

(2) that the access was [for the purpose of gaining access to computer

material] [to tamper with computer security devices], including, but not

limited to, system hackers;

(3) that the defendant acted intentionally.]

"Access" means to approach, instruct, communicate or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical or other means.²

"Computer" means a device or collection of devices, including its support devices or peripheral equipment or facilities, and the communication systems connected to it which can perform functions including, but not limited to: substantial computation; arithmetic or logic operations; information storage or retrieval operations, which are capable of being used with external files; one (1) or more operations which contain computer programs or electronic instructions; and allows for the input of data and the output of data (such operations can occur with or without intervention by a human operator during the processing of a job).³

["Computer network" means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities.]⁴

["Computer program" means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data.]⁵

["Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation.]⁶

["Computer system" means a set of connected devices including a computer and other devices including, but not limited to, one or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks.]⁷

["Data" means the representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and are intended to be stored or processed, or are being stored or processed, or have been stored or processed, in a computer, computer system or computer network.]⁸

["To process" means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result.]⁹

["Property" means, but is not limited to, intellectual property, financial instruments, data, computer systems and computer programs, all in machine-readable or human-readable form, and any tangible or intangible item of value.]¹⁰

["Services" means, but is not limited to, computer time, data processing, or data storage functions, the use of a computer, a computer system, a computer network, computer software, computer program or data to perform tasks.]¹¹

["Intellectual property" means data, which may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the memory of a computer.]¹²

["Financial instrument" means a check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof.]¹³

["Input" means data, facts, concepts or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer.]¹⁴

["Output" means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices.]¹⁵

["Computer contaminants" means any set of computer instructions that are designed to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, which are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. Some contaminants may include:

(A) "Virus", meaning a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer;

(B) "Worm", meaning a computer program or virus that spreads and multiplies, eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating system of the computer it "infects".]¹⁶

["System hacker" means any person who knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network.]¹⁷

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.¹⁸

[For Part B of this instruction, the trial judge should now instruct the jury with respect to fixing value. See T.P.I. -- CRIM. 11.03.]

1. Tenn. Code Ann. § 39-14-602(b).

2. Tenn. Code Ann. § 39-14-601(1).

3. Tenn. Code Ann. § 39-14-601(2).

4. Tenn. Code Ann. § 39-14-601(4).

5. Tenn. Code Ann. § 39-14-601(5).

6. Tenn. Code Ann. § 39-14-601(6).

7. Tenn. Code Ann. § 39-14-601(7).

8. Tenn. Code Ann. § 39-14-601(8).

9. Tenn. Code Ann. § 39-14-601(13).

10. Tenn. Code Ann. § 39-14-602(14).

11. Tenn. Code Ann. § 39-14-602(15).

12. Tenn. Code Ann. § 39-14-602(11).

13. Tenn. Code Ann. § 39-14-602(9).

14. Tenn. Code Ann. § 39-14-602(10).

15. Tenn. Code Ann. § 39-14-602(12).

16. Tenn. Code Ann. § 39-14-602(3).

17. Tenn. Code Ann. § 39-14-602(16).

18. Tenn. Code Ann. § 39-11-106(a)(18).

1. A violation of Part A is a Class C misdemeanor. Tenn. Code Ann. § 39-14-602(b)(1). A violation of Part B is punished as theft under Tenn. Code Ann. § 39-14-105. Tenn. Code Ann. § 39-14-602(b)(2). See comment to T.P.I. -- CRIM. 11.01 (theft of property). A violation of Part C is a Class B misdemeanor. Tenn. Code Ann. § 39-14-602(b)(3). A violation of Part D is a Class A misdemeanor. Tenn. Code Ann. § 39-14-602(b)(4).

2. See T.P.I. -- CRIM. 2.06 on venue for computer crimes.