Indiana Code

Ind. Code § 35-43-2-3 (2026)

Computer trespass; computer hoarding programs

✓ current as of May 2026

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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.

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.

IC 35-43-3Chapter 3. Repealed

Repealed by Acts 1977, P.L.340, SEC.148.

IC 35-43-4Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-0.1Application of certain amendments to chapter

35-43-4-1Definitions

35-43-4-2Theft

35-43-4-2.1Organized theft

35-43-4-2.2Organized retail theft

35-43-4-2.3Dealing in altered property

35-43-4-2.5Repealed

35-43-4-2.7Unlawful entry of motor vehicle; defense; rebuttable presumption

35-43-4-3Conversion

35-43-4-3.5Failure to return or pay for articles borrowed from library, gallery, museum, collection, or exhibition

35-43-4-4Evidence

35-43-4-5Defenses

35-43-4-6Unauthorized control over property of benefit provider; prima facie evidence

35-43-4-7Repealed

35-43-4-8Suspension of driving privileges for fuel theft

35-43-4-9Foreclosure mischief

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2007–2026 · leading case: United States v. Richard Stanley, 753 F.3d 114 (3rd Cir. 2014).

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United States v. Richard Stanley, 753 F.3d 114 (3rd Cir. 2014). “06 ; Ind.Code Ann. § 35-43-2-3; Iowa Code Ann.”

A.B. v. State, 863 N.E.2d 1212 (Ind. Ct. App. 2007). · cites it 2× “The harassment statute provides, in pertinent part: A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication [[Image here]] (4) uses a computer network (as defined in I.C. § 35-43-2-3(a)) or other form of electronic…”

AB v. State, 863 N.E.2d 1212 (Ind. Ct. App. 2007). · cites it 2× “(4) uses a computer network (as defined in I.C. § 35-43-2-3(a)) or other form of electronic communication to: .”

Genesys Cloud Servs., Inc. v. Morales (S.D. Ind. 2019). · cites it 2× “Ind. Code § 35-43-2-3 . Therefore, computer trespass does not require any downloading or misappropriation, and it stands as a distinct claim from misappropriation of trade secrets or confidential information.”

Marvin Moyers v. State of Indiana (Ind. 2026). · cites it 2× “For example, Section 35-43-2-3 defines three separately named base offenses concerning computers, each with its own distinct elements: computer trespass; computer merchandise hoarding; and unlawful distribution of a hoarding program.”

— Ind. Code § 35-43-2-3(a) — 2 cases

A.B. v. State, 863 N.E.2d 1212 (Ind. Ct. App. 2007). “The harassment statute provides, in pertinent part: A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication [[Image here]] (4) uses a computer network (as defined in I.C. § 35-43-2-3(a)) or other form of electronic…”

AB v. State, 863 N.E.2d 1212 (Ind. Ct. App. 2007). “(4) uses a computer network (as defined in I.C. § 35-43-2-3(a)) or other form of electronic communication to: .”

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