Indiana § 35-43-2-3 - Computer trespass; computer hoarding programs

§ 35-43-2-3. Computer trespass; computer hoarding programs

Sec. 3. (a) As used in this section:

"Access" means to:

(1) approach;

(2) instruct;

(3) communicate with;

(4) store data in;

(5) retrieve data from; or

(6) make use of resources of;

a computer, computer system, or computer network.

"Computer network" means the interconnection of communication lines or wireless telecommunications with a computer or wireless telecommunication device through:

(1) remote terminals;

(2) a complex consisting of two (2) or more interconnected computers; or

(3) a worldwide collection of interconnected networks operating as the Internet.

The term includes a cellular telephone or other wireless or cellular communications device.

"Computer system" means a set of related computer equipment, software, or hardware.

"Hoarding program" means a computer program designed to bypass or neutralize a security measure, access control system, or similar system used by the owner of a computer network or computer system to limit the amount of merchandise that one (1) person may purchase by means of a computer network.

(b) A person who knowingly or intentionally accesses:

(1) a computer system;

(2) a computer network; or

(3) any part of a computer system or computer network;

without the consent of the owner of the computer system or computer network, or the consent of the owner's licensee, commits computer trespass, a Class A misdemeanor.

(c) A person who knowingly or intentionally uses a hoarding program to purchase merchandise by means of a computer network commits computer merchandise hoarding, a Class C infraction. A person commits a separate infraction for each item of merchandise purchased. However, the violation is a Class A misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years. It is a defense to a prosecution under this subsection that the person used the hoarding program with the permission of the person selling the merchandise.

(d) A person who knowingly or intentionally sells, purchases, or distributes a hoarding program commits unlawful distribution of a hoarding program, a Class C infraction. A person commits a separate infraction for each sale, purchase, or distribution of a hoarding program. However, the violation is a Class C misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years. It is a defense to a prosecution under this subsection that the hoarding program was sold, purchased, or distributed for legitimate scientific or educational purposes.

As added by P.L.35-1986, SEC.3. Amended by P.L.29-2001, SEC.1; P.L.79-2009, SEC.1; P.L.32-2019, SEC.28; P.L.111-2026, SEC.6.

IC 35-43-3Chapter 3. RepealedRepealed by Acts 1977, P.L.340, SEC.148.

IC 35-43-4Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-0.1Application of certain amendments to chapter 35-43-4-1Definitions 35-43-4-2Theft 35-43-4-2.1Organized theft 35-43-4-2.2Organized retail theft 35-43-4-2.3Dealing in altered property 35-43-4-2.5Repealed 35-43-4-2.7Unlawful entry of motor vehicle; defense; rebuttable presumption 35-43-4-3Conversion 35-43-4-3.3Concealing a valuable metal purchase 35-43-4-3.5Failure to return or pay for articles borrowed from library, gallery, museum, collection, or exhibition 35-43-4-4Evidence 35-43-4-5Defenses 35-43-4-6Unauthorized control over property of benefit provider; prima facie evidence 35-43-4-7Repealed 35-43-4-8Suspension of driving privileges for fuel theft 35-43-4-9Repealed