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MMLU / New York State has a criminal statute making it illegal to knowingly interfere…

Problem

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question

New York State has a criminal statute making it illegal to knowingly interfere with the operation of government with malicious intent. Corry is a computer hacker, who shut down the New York government's website by infecting it with a virus. The virus entered the electronic mail of users and mailed itself to every address listed in each user's e-mail address book every two hours. The website was crippled for the last week of January. The state passed a law in February clarifying that knowingly infecting the state's internet server with a computer virus met the definition of interference in the statute. During the subsequent criminal trial against Corry in March, the state asked for a jury instruction based on the statutory computer virus clarification. The defense objects to the instruction. How should the state court judge rule?

choices

  1. Reject the instruction, based on ex post facto.
  2. Reject the instruction as a violation of due process.
  3. Admit the instruction, because the law was passed before the prosecution was initiated.
  4. Admit the instruction, as a bill of attainder.

subject

professional_law

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