Penal Code 502(c)(2) prohibits knowingly accessing and without permission taking, copying, or making use of any data from a computer, computer system, or computer network. Section 502(e)(1) grants a private right of action to an owner or lessee of the data who suffers damage from a violation of section 502(c)(2). This deciison holds that the trial court erred in giving the jury an instruction on plaintiff’s claim under 502(e)(1) that failed to inform the jury that to prevail, the plaintiff had to show he was the owner or lessee of the computer data that the defendant took. The decision notes that CACI 1812 properly includes this element of the tort.