CHAPTER 2. BURGLARY AND TRESPASS
IC 35-43-2
Chapter 2. Burglary and Trespass
IC 35-43-2-1
Burglary
Sec. 1. A person who breaks and enters the building or structureof another person, with intent to commit a felony in it, commitsburglary, a Class C felony. However, the offense is:
(1) a Class B felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the building or structure is a:
(i) dwelling; or
(ii) structure used for religious worship; and
(2) a Class A felony if it results in:
(A) bodily injury; or
(B) 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.
IC 35-43-2-1.5
Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks andenters the dwelling of another person commits residential entry, aClass D felony.
As added by P.L.215-1991, SEC.1.
IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowinglyor intentionally enters the real property of another person afterhaving been denied entry by the other person or that person'sagent;
(2) not having a contractual interest in the property, knowinglyor intentionally refuses to leave the real property of anotherperson after having been asked to leave by the other person orthat person's agent;
(3) accompanies another person in a vehicle, with knowledgethat the other person knowingly or intentionally is exertingunauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession oruse of the property of another person without the person'sconsent;
(5) not having a contractual interest in the property, knowinglyor intentionally enters the dwelling of another person withoutthe person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroadcarrier's consent; and (B) rides on the outside of a train or inside a passenger car,locomotive, or freight car, including a boxcar, flatbed, orcontainer without lawful authority or the railroad carrier'sconsent;
(7) not having a contractual interest in the property, knowinglyor intentionally enters or refuses to leave the property ofanother person after having been prohibited from entering orasked to leave the property by a law enforcement officer whenthe property is:
(A) vacant or designated by a municipality or countyenforcement authority to be abandoned property; and
(B) subject to abatement under IC 32-30-6, IC 32-30-7,IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
(8) knowingly or intentionally enters the property of anotherperson after being denied entry by a court order that has beenissued to the person or issued to the general public byconspicuous posting on or around the premises in areas wherea person can observe the order when the property:
(A) has been designated by a municipality or countyenforcement authority to be a vacant property or anabandoned property; and
(B) is subject to an abatement order under IC 32-30-6,IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, theoffense is a Class D felony if it is committed on a scientific researchfacility, on a key facility, on a facility belonging to a public utility (asdefined in IC 32-24-1-5.9(a)), on school property, or on a school busor the person has a prior unrelated conviction for an offense underthis section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) ofthis section 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 amanner that is either prescribed by law or likely to come to theattention 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.
(c) A law enforcement officer may not deny entry to property orask a person to leave a property under subsection (a)(7) unless thereis reasonable suspicion that criminal activity has occurred or isoccurring.
(d) A person described in subsection (a)(7) violates subsection(a)(7) unless the person has the written permission of the owner,owner's agent, enforcement authority, or court to come onto theproperty for purposes of performing maintenance, repair, ordemolition.
(e) A person described in subsection (a)(8) violates subsection(a)(8) unless the court that issued the order denying the person entrygrants permission for the person to come onto the property.
(f) Subsections (a), (b), and (e) do not apply to the following: (1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in theperformance of official duties.
(3) A law enforcement officer, firefighter, or emergencyresponse personnel while engaged in the performance of officialduties.
(4) A person going on railroad property in an emergency torescue a person or animal from harm's way or to remove anobject that the person reasonably believes poses an imminentthreat to life or limb.
(5) A person on the station grounds or in the depot of a railroadcarrier:
(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 ata private crossing site approved by the railroad carrier to obtainaccess to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrierto go on specified railroad property.
(8) A representative of the Indiana department of transportationwhile engaged in the performance of official duties.
(9) A representative of the federal Railroad Administrationwhile engaged in the performance of official duties.
(10) A representative of the National Transportation SafetyBoard 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.
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 wirelesstelecommunication device through:
(1) remote terminals;
(2) a complex consisting of two (2) or more interconnectedcomputers; or
(3) a worldwide collection of interconnected networks operatingas the Internet.
"Computer system" means a set of related computer equipment,software, or hardware.
"Hoarding program" means a computer program designed tobypass or neutralize a security measure, access control system, orsimilar system used by the owner of a computer network or computersystem to limit the amount of merchandise that one (1) person maypurchase 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 computernetwork, or the consent of the owner's licensee, commits computertrespass, a Class A misdemeanor.
(c) A person who knowingly or intentionally uses a hoardingprogram to purchase merchandise by means of a computer networkcommits computer merchandise hoarding, a Class A misdemeanor.It is a defense to a prosecution under this subsection that the personused the hoarding program with the permission of the person sellingthe merchandise.
(d) A person who knowingly or intentionally sells, purchases, ordistributes a hoarding program commits unlawful distribution of ahoarding program, a Class A misdemeanor. It is a defense to aprosecution under this subsection that the hoarding program wassold, purchased, or distributed for legitimate scientific or educationalpurposes.
As added by P.L.35-1986, SEC.3. Amended by P.L.29-2001, SEC.1;P.L.79-2009, SEC.1.