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  • Writer's pictureBrandon Hicks

Protecting Your Digital Freedom: Understanding Computer Trespass 35-43-2-3


In today's digital age, technology is deeply embedded in our lives. With the convenience of online shopping, communication, and entertainment, our reliance on computers and networks has never been higher. However, this digital landscape is not without its challenges. Computer trespass and hoarding programs have emerged as legal concerns that we all need to be aware of.

At B. Hicks Law, we are dedicated to defending your rights, especially when it comes to computer-related legal issues. In this blog post, we will delve into the intricacies of Indiana's Computer Trespass law, including the definitions and consequences associated with this crime. We will also explore the concept of hoarding programs and their impact on online commerce.


Understanding Indiana's Computer Trespass Law

IC 35-43-2-3 - Computer Trespass; Computer Hoarding Programs

Definitions

Before we dive into the legal aspects, let's clarify some key terms:

  • Access: Accessing a computer, computer system, or computer network means approaching, instructing, communicating with, storing data in, retrieving data from, or making use of its resources.

  • Computer Network: A computer network refers to the interconnection of communication lines or wireless telecommunications with computers or wireless telecommunication devices through remote terminals, interconnected computers, or the global collection of interconnected networks known as the Internet.

  • Computer System: A computer system encompasses related computer equipment, software, and hardware.

  • Hoarding Program: This term describes a computer program designed to bypass or neutralize a security measure, access control system, or a similar system used by the owner of a computer network or computer system to limit the amount of merchandise that one person may purchase through a computer network.

The Offense

According to Indiana law, a person who knowingly or intentionally accesses a computer system, computer network, or any part of a computer system or network without the consent of the owner or their licensee commits computer trespass. This offense is categorized as a Class A misdemeanor.

Computer Merchandise Hoarding

Now, let's turn our attention to a related issue: computer merchandise hoarding. This involves using a hoarding program to purchase merchandise through a computer network without permission. Each item of merchandise purchased using such a program constitutes a separate infraction. If a person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years, the violation is upgraded to a Class A misdemeanor. However, it can be a defense if the person used the hoarding program with the permission of the merchandise seller.


Unlawful Distribution of Hoarding Programs

The distribution of hoarding programs is also addressed in Indiana law. A person who knowingly or intentionally sells, purchases, or distributes a hoarding program commits unlawful distribution of a hoarding program, a Class C infraction. Similar to computer merchandise hoarding, the violation is elevated to a Class C misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years. It can be a defense if the hoarding program was sold, purchased, or distributed for legitimate scientific or educational purposes.


Your Defense Matters

At B. Hicks Law, we understand the complexities of computer-related legal issues and are here to provide expert legal guidance and defense. Our experienced attorneys are well-versed in the nuances of Indiana's computer trespass laws, and we are committed to protecting your rights in the digital age.

If you or someone you know is facing legal issues related to computer trespass, computer merchandise hoarding, or unlawful distribution of hoarding programs, do not hesitate to contact us. We will work diligently to ensure your rights are protected and that you receive a fair and just outcome.

In a world where technology continues to shape our lives, it's essential to stay informed and take the necessary legal steps to protect your digital freedom. At B. Hicks Law, we are your dedicated partners in this journey, providing expert legal advice and representation to safeguard your rights in the digital realm.

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