Offense Against Computer Users
Elements
• A person who knowingly or intentionally and who without authorization:
(1) disrupts, denies, or causes the disruption or denial of computer system services to an authorized user of the computer system services that are:
(A) owned by;
(B) under contract to; or
(C) operated for, on behalf of, or in conjunction with;
another person in whole or part;
(2) destroys, takes, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;
(3) destroys or damages a computer, computer system, or computer network; or
(4) introduces a computer contaminant into a computer, computer system, or computer network;
commits an offense against computer users, a Level 6 felony.
Enhancements
• [T]he offense is:
(1) a Level 5 felony if:
(A) the pecuniary loss caused by the offense is at least five thousand dollars ($5,000);
(B) the offense was committed for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or
(C) the offense interrupts or impairs:
(i) a governmental operation; or
(ii) the public communication, transportation, or supply of water, gas, or another public service; and
(2) a Level 4 felony if the offense endangers human life.
Definition of “computer system services”
• “Computer system services” includes computer time, data processing or storage functions, or other uses of a computer, computer system, or computer network.
Definition of “computer system”
• “[C]omputer system” means a device or collection of devices (including support devices):
(1) one (1) or more of which contain a computer program, an electronic instruction, or input data and output data; and
(2) that performs functions, including arithmetic, data storage, retrieval, communication, or control functions.
The term does not include a calculator that is not programmable and that is not capable of being used in conjunction with external files.
Definition of “computer network”
• “[C]omputer network” means a system that provides communications between one (1) or more computer systems and the system's input or output devices, including display terminals and printers that are connected by telecommunication facilities.
Definition of “computer contaminant”
• “Computer contaminant”, for purposes of IC 35-43-1-8, means a set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information.
• The term includes a computer program (commonly referred to as a virus or worm) that is:
(1) self-replicating or self-propagating; and
(2) designed to:
(A) contaminate other computer programs or computer data;
(B) consume computer resources;
(C) modify, destroy, record, or transmit data; or
(D) otherwise take control of the normal operation of a computer, computer system, or computer network.
Definition of “data”
• “Data”, for purposes of this chapter and IC 35-43-1-7, means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions that may be:
(1) in any form;
(2) in storage media or stored in the memory of a computer; or
(3) in transit or presented on a display device.