Computer Trespass

Elements

• 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.

IC 35-43-2-3(b)

Computer merchandise hoarding

• 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 A misdemeanor.

IC 35-43-2-3(c)

• 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.

IC 35-43-2-3(c)

Unlawful distribution of a hoarding program

• A person who knowingly or intentionally sells, purchases, or distributes a hoarding program commits unlawful distribution of a hoarding program, a Class A misdemeanor.

IC 35-43-2-3(d)

• 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.

IC 35-43-2-3(d)

Definition of “accesses”

• “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.

IC 35-42-2-3(a)

Definition of “computer system”

• “Computer system” means a set of related computer equipment, software, or hardware.

IC 35-42-2-3(a)

Definition of “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.

IC 35-43-2-3(a)

Definition of “hoarding program”

• “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.

IC 35-43-2-3(a)