Indiana Code Title 35. Criminal Law and Procedure § 35-43-2-3

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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.

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.

Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-43-2-3 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-43-2-3.html


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