2023 Indiana Code
Title 35. Criminal Law and Procedure
Article 43. Offenses Against Property
Chapter 5. Forgery, Fraud, and Other Deceptions
35-43-5-4.8. Sale or Possession of Sales Suppression Devices

Sec. 4.8. (a) The following definitions apply throughout this section:

(1) "Automated sales suppression device" means a software program:

(A) carried on a memory stick or removable compact disc;

(B) accessed through an Internet link; or

(C) accessed through any other means;

that falsifies the electronic records of electronic cash registers and other point of sale systems, including transaction data and transaction reports.

(2) "Electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or a computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

(3) "Phantom-ware" means a hidden, a preinstalled, or an installed at a later time programming option embedded in the operating system of an electronic cash register, or hardwired into the electronic cash register that:

(A) can be used to create a virtual second till; or

(B) may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register.

(4) "Transaction data" includes information regarding:

(A) items purchased by a customer;

(B) the price for each item;

(C) a taxability determination for each item;

(D) a segregated tax amount for each of the taxed items;

(E) the amount of cash or credit tendered;

(F) the net amount returned to the customer in change;

(G) the date and time of the purchase;

(H) the name, address, and identification number of the vendor; and

(I) the receipt or invoice number of the transaction.

(5) "Transaction report" means:

(A) a report that includes:

(i) the sales;

(ii) taxes collected;

(iii) media totals; and

(iv) discount voids;

at an electronic cash register that is printed on cash register tape at the end of a day or shift; or

(B) a report documenting every action at an electronic cash register that is stored electronically.

(6) "Zapper" refers to an automated sales suppression device.

(b) A person who knowingly or intentionally sells, purchases, installs, transfers, or possesses:

(1) an automated sales suppression device or a zapper; or

(2) phantom-ware;

after June 30, 2023, commits unlawful sale or possession of a transaction manipulation device, a Class A misdemeanor, except as provided in subsection (c).

(c) The offense under subsection (b) is:

(1) a Level 6 felony if:

(A) the pecuniary loss caused by the offense is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); or

(B) the person has a prior unrelated conviction for:

(i) a violation of this section;

(ii) theft under IC 35-43-4-2;

(iii) criminal conversion under IC 35-43-4-3;

(iv) robbery under IC 35-42-5-1; or

(v) burglary under IC 35-43-2-1; and

(2) a Level 5 felony if the pecuniary loss caused by the offense is at least fifty thousand dollars ($50,000).

As added by P.L.194-2023, SEC.35.