Santa Clara California Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program is a legal guideline that provides instructions to the jury on how to determine a defendant's guilt or innocence in a computer fraud case involving the intentional causing of damage to a computer or program. This instruction is applicable in Santa Clara, California, and it serves as a crucial tool in ensuring a fair and just verdict in such cases. Computer fraud refers to any illegal act committed using a computer or computer network with the intent to deceive or cause damage. This jury instruction specifically focuses on cases where the defendant intentionally causes damage to a computer or program, possibly resulting in financial losses, compromised security, or disruption of normal computer functions. In these cases, it is important for the jury to carefully consider the evidence presented by both the prosecution and defense, and evaluate the defendant's actions according to the applicable legal standards. The following are key points covered in this instruction: 1. Intentional Act: The jury must assess whether the defendant's actions were deliberate and done with the specific intent to cause damage to a computer or program. 2. Causation: The instruction explains that the defendant's actions must be the direct cause of the damage inflicted on the computer or program. Proving a direct causal link is crucial in establishing the defendant's liability. 3. Damage: The instruction defines the types of damage that may be caused to a computer or program, including but not limited to financial loss, data corruption, system malfunction, or unauthorized access. 4. Knowledge: The jury must determine whether the defendant had knowledge or should have reasonably known that their actions would cause damage to a computer or program. This assessment requires an understanding of the defendant's expertise, training, or previous interactions with computers or programs. 5. Lack of Authorization: The instruction emphasizes that the defendant's actions must be without authorization or in violation of an existing agreement or policy. Unauthorized access or exceeding authorized access to a computer or program forms a crucial element in establishing computer fraud. Different types of Santa Clara California Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program may exist depending on the specific circumstances and the nature of the case. These instructions could be differentiated based on the extent of damage caused, the defendant's intent, the method or means used to cause the damage, or any other relevant factors specific to the case. In conclusion, Santa Clara California Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program provides essential guidelines for the jury to evaluate and determine the guilt or innocence of a defendant accused of intentionally causing damage to a computer or program. Proper interpretation and application of these instructions ensure a fair trial and contribute to the protection of computer systems' integrity and security.