You cannot have option 2; jury instructions required that CFAA requires >= $5k of damages. ("If your answer to that question is no, do not answer the remaining

You cannot have option 2; jury instructions required that CFAA requires >= $5k of damages. ("If your answer to that question is no, do not answer the remaining questions in Section 1"). So, damages of 5k is strictly the lowest amount possible while also answering YES for CFAA.