Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

191

ment of transportation while engaged in the performance of official duties. (9) A representative of the federal Railroad Administration while engaged in the per formance of official duties. (10) A representative of the National Transportation Safety Board while engaged in the performance of official duties. 35-43-2-2.1. Organized theft. (a) A person who, with the intent to commit theft under section 2 of this chapter: (1) agrees with at least two (2) other per sons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. (b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed: (4) has been convicted of a different crime; (5) cannot be prosecuted for any reason; or (6) lacked the capacity to commit the crime. (c) A person may not be convicted of an offense under this section and: (1) an attempt to commit theft; or (2) a conspiracy to commit theft; with respect to the same underlying theft. 35-43-2-3. Computer trespass; hoarding programs. (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 net work. “Computer network” means the interconnec tion or communication lines or wireless telecom munications with a computer or wireless telecommunications device through: (1) has not been prosecuted; (2) has not been convicted; (3) has been acquitted;

(f) A person described in subsection (b)(7) and (b)(9) violates subsection (b)(7) and (b)(9) unless the person has the written permission of the owner, the owner’s agent, an enforcement author ity, or a court to come onto the property for pur poses of performing maintenance, repair, or demolition. (g) 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 prop erty. (h) Subsections (b), (c) and (g) 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 ani mal 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 law ful 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 depart