2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 43. OFFENSES AGAINST PROPERTY CHAPTER 2. BURGLARY AND TRESPASS
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IC 35-43-2
Chapter 2. Burglary and Trespass
IC 35-43-2-0.1
Repealed
(Repealed by P.L.63-2012, SEC.51.)
IC 35-43-2-1
Burglary
Sec. 1. A person who breaks and enters the building or structure
of another person, with intent to commit a felony or theft in it,
commits burglary, a Level 5 felony. However, the offense is:
(1) a Level 4 felony if the building or structure is a dwelling;
(2) a Level 3 felony if it results in bodily injury to any person
other than a defendant;
(3) a Level 2 felony if it:
(A) is committed while armed with a deadly weapon; or
(B) results in serious bodily injury to any person other than
a defendant; and
(4) a Level 1 felony if:
(A) the building or structure is a dwelling; and
(B) it results in serious bodily injury to any person other than
a defendant.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.42; Acts 1982, P.L.204, SEC.36; P.L.88-1999, SEC.2;
P.L.158-2013, SEC.460.
IC 35-43-2-1.5
Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks and
enters the dwelling of another person commits residential entry, a
Level 6 felony.
As added by P.L.215-1991, SEC.1. Amended by P.L.158-2013,
SEC.461.
IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) As used in this section, "authorized person" means a
person authorized by an agricultural operation to act on behalf of the
agricultural operation.
(b) A person who:
(1) not having a contractual interest in the property, knowingly
or intentionally enters the real property of another person after
having been denied entry by the other person or that person's
agent;
(2) not having a contractual interest in the property, knowingly
or intentionally refuses to leave the real property of another
person after having been asked to leave by the other person or
that person's agent;
(3) accompanies another person in a vehicle, with knowledge
that the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's
consent;
(5) not having a contractual interest in the property, knowingly
or intentionally enters the:
(A) property of an agricultural operation that is used for the
production, processing, propagation, packaging, cultivation,
harvesting, care, management, or storage of an animal, plant,
or other agricultural product, including any pasturage or land
used for timber management, without the consent of the
owner of the agricultural operation or an authorized person;
or
(B) dwelling of another person without the person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
(7) not having a contractual interest in the property, knowingly
or intentionally enters or refuses to leave the property of another
person after having been prohibited from entering or asked to
leave the property by a law enforcement officer when the
property is vacant or designated by a municipality or county
enforcement authority to be abandoned property or an
abandoned structure (as defined in IC 36-7-36-1);
(8) not having a contractual interest in the property, knowingly
or intentionally enters the real property of an agricultural
operation (as defined in IC 32-30-6-1) without the permission
of the owner of the agricultural operation or an authorized
person, and knowingly or intentionally engages in conduct that
causes property damage to:
(A) the owner of or a person having a contractual interest in
the agricultural operation;
(B) the operator of the agricultural operation; or
(C) a person having personal property located on the
property of the agricultural operation; or
(9) knowingly or intentionally enters the property of another
person after being denied entry by a court order that has been
issued to the person or issued to the general public by
conspicuous posting on or around the premises in areas where
a person can observe the order when the property has been
designated by a municipality or county enforcement authority
to be a vacant property, an abandoned property, or an
abandoned structure (as defined in IC 36-7-36-1);
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Level 6 felony if it is committed on a scientific research
facility, on a key facility, on a facility belonging to a public utility (as
defined in IC 32-24-1-5.9(a)), on school property, or on a school bus
or the person has a prior unrelated conviction for an offense under
this section concerning the same property. The offense is a Level 6
felony, for purposes of subdivision (8), if the property damage is
more than seven hundred fifty dollars ($750) and less than fifty
thousand dollars ($50,000). The offense is a Level 5 felony, for
purposes of subdivision (8), if the property damage is at least fifty
thousand dollars ($50,000).
(c) A person has been denied entry under subsection (b)(1) when
the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a
manner that is either prescribed by law or likely to come to the
attention of the public; or
(3) a hearing authority or court order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
(d) A law enforcement officer may not deny entry to property or
ask a person to leave a property under subsection (b)(7) unless there
is reasonable suspicion that criminal activity has occurred or is
occurring.
(e) A person described in subsection (b)(7) violates subsection
(b)(7) unless the person has the written permission of the owner,
owner's agent, enforcement authority, or court to come onto the
property for purposes of performing maintenance, repair, or
demolition.
(f) A person described in subsection (b)(9) violates subsection
(b)(9) unless the court that issued the order denying the person entry
grants permission for the person to come onto the property.
(g) Subsections (b), (c), and (f) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
performance of official duties.
(3) A law enforcement officer, firefighter, or emergency
response personnel while engaged in the performance of official
duties.
(4) A person going on railroad property in an emergency to
rescue a person or animal from harm's way or to remove an
object that the person reasonably believes poses an imminent
threat to life or limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at
a private crossing site approved by the railroad carrier to obtain
access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier
to go on specified railroad property.
(8) A representative of the Indiana department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration
while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety
Board while engaged in the performance of official duties.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.43; P.L.151-1989, SEC.12; P.L.242-1993, SEC.2;
P.L.164-1993, SEC.11; P.L.1-1994, SEC.168; P.L.259-1999, SEC.3;
P.L.158-2009, SEC.7; P.L.88-2009, SEC.4; P.L.203-2013, SEC.25;
P.L.158-2013, SEC.462; P.L.21-2014, SEC.3.
IC 35-43-2-3
Computer trespass; computer hoarding programs
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 A misdemeanor.
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 A misdemeanor. 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.
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