Sec. 7. (a) Except as provided in subsection (b), whenever an element of an offense involves a pecuniary loss or a pecuniary gain, then the element shall be established by proof of the fair market value of the property at the time of the offense.

     (b) For purposes of IC 35-43-1-8, “pecuniary loss” includes:

Terms Used In Indiana Code 35-37-4-7

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(1) damage to the victim’s property caused, directly or indirectly, by commission of the offense, based on the actual cost of securing, repairing, or replacing a computer, a computer system, computer software, a network, and data; and

(2) revenue, salary, or wages lost by the victim as a result of the crime.

As added by P.L.320-1985, SEC.2. Amended by P.L.153-2017, SEC.9.