Bill Text: IN SB0373 | 2013 | Regular Session | Amended
Bill Title: Criminal trespass and application fraud.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2013-04-26 - Dissent withdrawn [SB0373 Detail]
Download: Indiana-2013-SB0373-Amended.html
Citations Affected: IC 35-31.5; IC 35-43.
Synopsis: Agricultural and industrial operations. Makes it unlawful
recording of agricultural or industrial operations, a Class A infraction,
for a person, with intent to harass, defame, annoy, or harm, to: (1) enter
real property that is owned by another person and on which agricultural
operations or industrial operations are being conducted; (2) take a
photograph of or make a video recording or motion picture of the real
property, structures located on the real property, or the agricultural
operations or industrial operations being conducted on the real
property; and (3) distribute the photograph or recording; without the
written consent of the owner of the real property or an authorized
representative of the owner. Increases the penalty to a Class B
misdemeanor if the offense is committed knowingly or intentionally
and the person has a prior unrelated judgment or conviction.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.
February 14, 2013, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) A law enforcement officer, a federal enforcement officer, or any other federal, state, or local government employee while the officer or employee is engaged in the performance of the officer's or employee's official duties.
(2) A land surveyor or any personnel acting under the supervision of a land surveyor as provided in:
(A) IC 25-21.5-9-7; and
(B) IC 25-21.5-9-8.
(3) An employee of an agricultural or industrial operation who is acting within the scope of the employee's employment.
(b) As used in this section, "agricultural operations" means:
(1) the production of:
(A) crops;
(B) livestock;
(C) poultry;
(D) livestock products;
(E) poultry products; or
(F) horticultural products; or
(2) growing timber.
(c) As used in this section, "industrial operations" means the:
(1) manufacture of a product from other products;
(2) transformation of a material from one (1) form to another;
(3) mining of a material and related mine activities; or
(4) storage or disposition of a product or material.
(d) A person who, with intent to harass, defame, annoy, or harm, knowingly or intentionally:
(1) enters real property:
(A) that is owned by another person; and
(B) on which agricultural operations or industrial operations are being conducted;
(2) takes a digital or analog photograph of or makes a digital or analog video recording or motion picture of:
(A) the real property;
(B) structures located on the real property; or
(C) the agricultural operations or industrial operations being conducted on the real property; and
(3) distributes, disseminates, or transfers the image, photograph, video recording, or motion picture;
without the written consent of the owner of the real property or an authorized representative of the owner commits unlawful recording of agricultural or industrial operations, a Class A infraction. However, the offense is a Class B misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction for a violation of this section.