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

(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.

Legislative History

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.