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Indiana statute

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

Current through 2026 Regular Session

Part of Chapter 2: Burglary and Trespass, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-43-2-3

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-43-2-3Primary source, current through the 2026 Regular Session
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.

Official sources

Legal terms used in this section

Questions this section answers

Is computer trespass; computer hoarding programs a felony or a misdemeanor in Indiana?

It depends on the circumstances: computer trespass; computer hoarding programs ranges from a Class C Infraction to a Class A Misdemeanor in Indiana under Ind. Code § 35-43-2-3.

Computer trespass: Class A Misdemeanor (Ind. Code § 35-43-2-3(b)) · Computer merchandise hoarding (base offense): Class C Infraction (Ind. Code § 35-43-2-3(c)) · Computer merchandise hoarding (repeat offender): Class A Misdemeanor (Ind. Code § 35-43-2-3(c)) · Unlawful distribution of a hoarding program (base offense): Class C Infraction (Ind. Code § 35-43-2-3(d)) · Unlawful distribution of a hoarding program (repeat offender): Class C Misdemeanor (Ind. Code § 35-43-2-3(d))

Which Indiana statute covers computer trespass; computer hoarding programs?

Computer trespass; computer hoarding programs is governed by Ind. Code § 35-43-2-3 (Computer trespass; computer hoarding programs).

This reference is informational and is not legal advice.