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Fill and Sign the Computer Fraud Causing Damage to Computer or Program Form

Fill and Sign the Computer Fraud Causing Damage to Computer or Program Form

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36.3 Computer Fraud Causing Damage To Computer Or Program 18 USC § 10 30(a)(5)(A) and (B) Title 18, United States Code, Section 1030(a)(5), makes it a Federalcrime or offense for anyone, through means of a computer used ininterstate commerce or communications, to knowingly and withoutauthorization, cause the transmission of any program, code or command to another computer or computer system [with intent to] [with reckless disregard of a substantial and unjustifiable risk that the transmission will] [damage the receiving computer, computer system, network, information, data or program] [withhold or deny, or cause the withholding or denial, of the use of a computer, computer services, system or network, information, data or program]. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant, through means of a computer used in interstate commerce or communications, knowingly caused the transmission of a program, information, code or command t o another computer or computer system, as charged;Second: That the Defendant, by causing the transmission [intended to] [acted with reckless disregard of a substantial and unjustifiable risk that the transmission would] [damage the receiving computer, computer system, information, data or program] [withhold or deny, or cause the withholding or denial, of the use of a computer, computer services, system or network, information, data or program]; Third: That the Defendant so acted without the authorization of the persons or entities who own or are responsible for the computer system receiving the program, information, code or command; andFourth: That the Defendant' s acts [caused loss or damage to one or more other persons of value aggregating $1,000 or more during any one year period] [modified or impaired, or potentially modified or impaired, t he medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals]. The term "computer" means an electric, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storagefacility or communications facility directly related to or operating inconjunction with such device. ANNOTATIONS AND COMMENTS 18 USC § 10 30 (a)(5)(A) provides: (a) Whoever - - * * * * * (5)(A ) through means of a computer used in interstate commerce or communications, knowingly causes the transmission of a program, information, code, or command to a computer or computer system if - - (i) the person causing the transmission intends that such transmission will - - (I) damage, or cause damage to, a computer, computer system, network, information, data, or program; or (II) withhold or deny, or cause the withholding or denial, of the use of a computer, computer services, system or network, information, data or program; and(ii) the transmission of the harmful component of the program, information, code, or command - - (I) occurred without the authorization of t he persons or entities who own or are responsible for the computer system receiving the program, information, code, or command; and (II) (aa) causes loss or damage to one or more other persons of value aggregating $1,000 or more during any 1-year period; or (bb) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals. [shall be punished as provided in subsection (c) of this section].Maximum Penalty: Five (5) years imprisonment and applicable fine. 18 USC § 10 30 (a)(5)(B) provides: (a) Whoever - - * * * * * (5 )(B) through means of a computer used in interstate commerce or communication, knowingly causes the transmission of a program, information, code, or command to a computer or computer system - -(i) with reckless disregard of a substantial and unjustifiable risk that the transmission will - - (I) damage, or cause damage to, a computer, computer system, network, information, data or program; or (II) withhold or deny or cause the withholding or denial of the use of a computer, computer services, system, network, information, data or program; and (ii) if the transmission of the harmful component of the program, information, code, or command - -(I) occurred without the authorization of t he persons or entities who own or are responsible f or t he computer system receiving the program, information, code, or command; and (II) (aa) causes loss or damage t o one or more other persons of a value aggregating $1,000 or more during any 1-year period; or (bb) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals. [shall be punished as provided in subsection (c) of this section]. Maximum Penalty: One (1 ) year imprisonment and applicable fine.

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