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C 35-43
ARTICLE 43. OFFENSES AGAINST PROPERTY
IC 35-43-1
Chapter 1. Arson, Mischief, and Tampering
IC 35-43-1-1
Arson
Sec. 1. (a) A person who, by means of fire, explosive, or
destructive device, knowingly or intentionally damages:
(1) a dwelling of another person without the other person's
consent;
(2) property of any person under circumstances that endanger
human life;
(3) property of another person without the other person's
consent if the pecuniary loss is at least five thousand dollars
($5,000); or
(4) a structure used for religious worship without the consent
of the owner of the structure; commits arson, a Class B felony.
However, the offense is a Class A felony if it results in either
bodily injury or serious bodily injury to any person other than
a defendant.
(b) A person who commits arson for hire commits a Class B
felony. However, the offense is a Class A felony if it results
in bodily injury to any other person.
(c) A person who, by means of fire, explosive, or destructive
device, knowingly or intentionally damages property of any
person with intent to defraud commits arson, a Class C felony.
(d) A person who, by means of fire, explosive, or destructive
device, knowingly or intentionally damages property of another
person without the other person's consent so that the resulting
pecuniary loss is at least two hundred fifty dollars ($250) but
less than five thousand dollars ($5,000) commits arson, a Class
D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.40; Acts 1980, P.L.159, SEC.4; Acts 1981, P.L.302,
SEC.1; Acts 1982, P.L.204, SEC.35; P.L.88-1999, SEC.1;
P.L.123-2002, SEC.36.
IC 35-43-1-2
Criminal mischief; penalties
Sec. 2. (a) A person who: (1) recklessly, knowingly, or
intentionally damages or defaces property of another person
without the other person's consent; or
(2) knowingly or intentionally causes another to suffer
pecuniary loss by deception or by an expression of intention to
injure another person or to damage the property or to impair the
rights of another person; commits criminal mischief, a Class B
misdemeanor. However, the offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars ($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged contained data relating to a person
required to register as a sex or violent offender under IC
11-8-8 and the person is not a sex or violent offender or was
not required to register as a sex or violent offender;
(iv) the property damaged was a locomotive, a railroad car, a
train, or equipment of a railroad company being operated on a
railroad right-of-way;
(v) the property damaged was a part of any railroad signal
system, train control system, centralized dispatching system, or
highway railroad grade crossing warning signal on a railroad
right-of-way owned, leased, or operated by a railroad company;
(vi) the property damaged was any rail, switch, roadbed,
viaduct, bridge, trestle, culvert, or embankment on a
right-of-way owned, leased, or operated by a railroad company;
or
(vii) the property damage or defacement was caused by paint or
other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or impairment
of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged contained data relating to a person
required to register as a sex or violent offender under IC
11-8-8 and the person is a sex or violent offender or was
required to register as a sex or violent offender;
(v) the damage causes substantial interruption or impairment of
work conducted in a scientific research facility;
(vi) the damage is to a law enforcement animal (as defined in IC
35-46-3-4.5); or
(vii) the damage causes substantial interruption or impairment
of work conducted in a food processing facility.
(b) A person who recklessly, knowingly, or intentionally
damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with; a structure or facility
identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2); without the
consent of the owner, possessor, or occupant of the property
that is damaged, commits institutional criminal mischief, a
Class A misdemeanor. However, the offense is a Class D felony if
the pecuniary loss is at least two hundred fifty dollars ($250)
but less than two thousand five hundred dollars ($2,500), and a
Class C felony if the pecuniary loss is at least two thousand
five hundred dollars ($2,500).
(c) If a person is convicted of an offense under this section
that involves the use of graffiti, the court may, in addition to
any other penalty, order that the person's operator's license be
suspended or invalidated by the bureau of motor vehicles for not
more than one (1) year.
(d) The court may rescind an order for suspension or
invalidation under subsection (c) and allow the person to
receive a license or permit before the period of suspension or
invalidation ends if the court determines that:
(1) the person has removed or painted over the graffiti or has
made other suitable restitution; and
(2) the person who owns the property damaged or defaced by the
criminal mischief or institutional criminal mischief is
satisfied with the removal, painting, or other restitution
performed by the person.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1;
P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5;
P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1;
P.L.116-2002, SEC.24; P.L.123-2002, SEC.37; P.L.1-2003, SEC.95;
P.L.140-2006, SEC.33 and P.L.173-2006, SEC.33;
P.L.216-2007,SEC.48.
IC 35-43-1-2.1
Cemetery mischief
Sec. 2.1. (a) This section does not apply to the following:
(1) A person who acts in a proper and acceptable manner as
authorized by IC 14-21 other than a person who disturbs the
earth for an agricultural purpose under the exemption to IC
14-21 that is provided in IC 14-21-1-24.
(2) A person who acts in a proper and acceptable manner as
authorized by IC 23-14.
(b) A person who recklessly, knowingly, or intentionally:
(1) damages a cemetery, a burial ground (as defined inIC
14-21-1-3), or a facility used for memorializing the dead;
(2) damages the grounds owned or rented by a cemetery or
facility used for memorializing the dead; or
(3) disturbs, defaces, or damages a cemetery monument, grave
marker, grave artifact, grave ornamentation, or cemetery
enclosure; commits cemetery mischief, a Class A misdemeanor.
However, the offense is a Class D felony if the pecuniary loss
is at least two thousand five hundred dollars ($2,500).
As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001,
SEC.4.
IC 35-43-1-3
Unlawful acts relating to caves; offense
Sec. 3. (a) As used in this section:
"Cave" means any naturally occurring subterranean cavity,
including a cavern, pit, pothole, sinkhole, well, grotto, and
tunnel whether or not it has a natural entrance. "Owner" means
the person who holds title to or is in possession of the land on
or under which a cave is located, or his lessee, or agent.
"Scientific purposes" means exploration and research conducted
by persons affiliated with recognized scientific organizations
with the intent to advance knowledge and with the intent to
publish the results of said exploration or research in an
appropriate medium.
(b) A person who knowingly and without the express consent of
the cave owner:
(1) disfigures, destroys, or removes any stalagmite, stalactite,
or other naturally occurring mineral deposit or formation, or
archeological or paleontological artifact in a cave, for other
than scientific purposes;
(2) breaks any lock, gate, fence, or other structure designed to
control or prevent access to a cave;
(3) deposits trash, rubbish, chemicals, or other litter in a
cave; or
(4) destroys, injures, removes, or harasses any cave-dwelling
animal for other than scientific purposes; commits a Class A
misdemeanor.
As added by P.L.177-1983, SEC.2.
IC 35-43-1-4
Computer tampering
Sec. 4. (a) As used in this section:
"Computer network" and "computer system" have the meanings set
forth in IC 35-43-2-3.
"Computer program" means an ordered set of instructions or
statements that, when executed by a computer, causes the
computer to process data. "Data" means a representation of
information, facts, knowledge, concepts, or instructions that:
(1) may take any form, including computer printouts, magnetic
storage media, punched cards, or stored memory;
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be
processed; in a computer system or computer network.
(b) A person who knowingly or intentionally alters or damages a
computer program or data, which comprises a part of a computer
system or computer network without the consent of the owner of
the computer system or computer network commits computer
tampering, a Class D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose
of terrorism; and
(2) Class B felony if the offense is committed for the purpose
of terrorism and results in serious bodily injury to a person.
As added by P.L.35-1986, SEC.2. Amended by P.L.156-2001, SEC.11.
IC 35-43-1-5
Tampering with a water supply; poisoning
Sec. 5. (a) A person who, with the intent to cause serious
bodily injury, tampers with a:
(1) water supply;
(2) water treatment plant (as defined in IC 13-11-2-264); or
(3) water distribution system (as defined in IC 13-11-2-259);
commits tampering with a water supply, a Class B felony.
However, the offense is a Class A felony if it results in the
death of any person.
(b) A person who recklessly, knowingly, or intentionally poisons
a public water supply with the intent to cause serious bodily
injury commits poisoning, a Class B felony.
As added by P.L.137-2007, SEC.35. Amended by P.L.231-2007,
SEC.3.________________________________________
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 structure
of another person, with intent to commit a felony in it, commits
burglary, 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 and
enters the dwelling of another person commits residential entry,
a Class D felony.
As added by P.L.215-1991, SEC.1.
IC 35-43-2-2
Criminal trespass
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly
or intentionally enters the real property of another person
after having been denied entry by the other person or that
person's agent;
(2) not having a contractual interest in the property, knowingly
or intentionally refuses to leave the real property of another
person after having been asked to leave by the other person or
that person's agent;
(3) accompanies another person in a vehicle, with knowledge that
the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's
consent;
(5) not having a contractual interest in the property, knowingly
or intentionally enters the dwelling of another person without
the person's consent; or
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent; commits criminal trespass, a Class A misdemeanor.
However, the offense is a Class D felony if it is committed on a
scientific research facility, on school property, or on a school
bus or the person has a prior unrelated conviction for an
offense under this section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of
this section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a
manner that is either prescribed by law or likely to come to the
attention of the public.
(c) Subsections (a) and (b) 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 animal 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 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 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 department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration
while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety
Board 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.
IC 35-43-2-3
Computer trespass
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 wireless
telecommunication device through:
(1) remote terminals;
(2) a complex consisting of two (2) or more interconnected
computers; or
(3) a worldwide collection of interconnected networks operating
as the Internet. "Computer system" means a set of related
computer equipment, software, or hardware.
(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 computer
network, or the consent of the owner's licensee, commits
computer trespass, a Class A misdemeanor.
As added by P.L.35-1986, SEC.3. Amended by P.L.29-2001, SEC.1.
________________________________________
IC 35-43-3
Repealed
(Repealed by Acts 1977, P.L.340, SEC.148.)
________________________________________
IC 35-43-4
Chapter 4. Theft, Conversion, and Receiving Stolen Property
IC 35-43-4-1
Definitions
Sec. 1. (a) As used in this chapter, "exert control over
property" means to obtain, take, carry, drive, lead away,
conceal, abandon, sell, convey, encumber, or possess property,
or to secure, transfer, or extend a right to property.
(b) Under this chapter, a person's control over property of
another person is "unauthorized" if it is exerted:
(1) without the other person's consent;
(2) in a manner or to an extent other than that to which the
other person has consented;
(3) by transferring or encumbering other property while failing
to disclose a lien, adverse claim, or other legal impediment to
the enjoyment of that other property;
(4) by creating or confirming a false impression in the other
person;
(5) by failing to correct a false impression that the person
knows is influencing the other person, if the person stands in a
relationship of special trust to the other person;
(6) by promising performance that the person knows will not be
performed;
(7) by expressing an intention to damage the property or impair
the rights of any other person; or
(8) by transferring or reproducing:
(A) recorded sounds; or
(B) a live performance; without consent of the owner of the
master recording or the live
performance, with intent to distribute the reproductions for a
profit.
(c) As used in this chapter, "receiving" means acquiring
possession or control of or title to property, or lending on the
security of property.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.44; Acts 1979, P.L.300, SEC.1; P.L.180-1991, SEC.7.
IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts
unauthorized control over property of another person, with
intent to deprive the other person of any part of its value or
use, commits theft, a Class D felony. However, the offense is a
Class C felony if the fair market value of the property is at
least one hundred thousand dollars ($100,000).
(b) A person who knowingly or intentionally receives, retains,
or disposes of the property of another person that has been the
subject of theft commits receiving stolen property, a Class D
felony. However, the offense is a Class C felony if the fair
market value of the property is at least one hundred thousand
dollars ($100,000).
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.45; Acts 1979, P.L.300, SEC.2; P.L.320-1985, SEC.1.
IC 35-43-4-2.3
Dealing in altered property
Sec. 2.3. (a) As used in this section, "dealer" means a person
who buys or sells, or offers to buy or sell, personal property.
The term does not include the original retailer of personal
property.
(b) A dealer who recklessly, knowingly, or intentionally buys or
sells personal property in which the identification number or
manufacturer's serial number has been removed, altered,
obliterated, or defaced commits dealing in altered property, a
Class A misdemeanor. However the offense is a Class D felony if
the dealer has a prior conviction of an offense under this
chapter or if the fair market value of the property is at least
one thousand dollars ($1,000).
As added by P.L.294-1989, SEC.2.
IC 35-43-4-2.5
Auto theft; receiving stolen auto parts
Sec. 2.5. (a) As used in this section, "motor vehicle" has the
meaning set forth in IC 9-13-2-105(a).
(b) A person who knowingly or intentionally exerts unauthorized
control over the motor vehicle of another person, with intent to
deprive the owner of:
(1) the vehicle's value or use; or
(2) a component part (as defined in IC 9-13-2-34) of the
vehicle; commits auto theft, a Class D felony. However, the
offense is a Class C felony if the person has a prior conviction
of an offense under this subsection or subsection (c).
(c) A person who knowingly or intentionally receives, retains,
or disposes of a motor vehicle or any part of a motor vehicle of
another person that has been the subject of theft commits
receiving stolen auto parts, a Class D felony. However, the
offense is a Class C
felony if the person has a prior conviction of an offense under
this subsection or subsection (b).
As added by P.L.321-1985, SEC.1. Amended by P.L.136-1987, SEC.6;
P.L.2-1991, SEC.106.
IC 35-43-4-2.7
Unlawful entry of motor vehicle; defense; rebuttable presumption
Sec. 2.7. (a) This section does not apply to the following:
(1) A public safety officer (as defined in IC 35-47-4.5-3) or
state police motor carrier inspector acting within the scope of
the officer's or inspector's duties.
(2) A motor vehicle that must be moved because the motor vehicle
is abandoned, inoperable, or improperly parked.
(3) An employee or agent of an entity that possesses a valid
lien on a motor vehicle who is expressly authorized by the
lienholder to repossess the motor vehicle based upon the failure
of the owner or lessee of the motor vehicle to abide by the
terms and conditions of the loan or lease agreement.
(b) As used in this section, "authorized operator" means a
person who is authorized to operate a motor vehicle by an owner
or a lessee of the motor vehicle.
(c) As used in this section, "motor vehicle" has the meaning set
forth in IC 9-13-2-105(a).
(d) A person who:
(1) enters a motor vehicle knowing that the person does not have
the permission of an owner, a lessee, or an authorized operator
of the motor vehicle to enter the motor vehicle; and
(2) does not have a contractual interest in the motor vehicle;
commits unauthorized entry of a motor vehicle, a Class B
misdemeanor.
(e) The offense under subsection (d) is:
(1) a Class A misdemeanor if the motor vehicle has visible
steering column damage or ignition switch alteration as a result
of an act described in subsection (d)(1); or
(2) a Class D felony if a person occupies the motor vehicle
while the motor vehicle is used to further the commission of a
crime, if the person knew or should have known that a person
intended to use the motor vehicle in the commission of a crime.
(f) It is a defense to a prosecution under this section that the
accused person reasonably believed that the person's entry into
the vehicle was necessary to prevent bodily injury or property
damage.
(g) There is a rebuttable presumption that the person did not
have the permission of an owner, a lessee, or an authorized
operator of the motor vehicle to enter the motor vehicle if the
motor vehicle has visible steering column damage or ignition
switch alteration.
As added by P.L.143-2005, SEC.1.
IC 35-43-4-3
Conversion
Sec. 3. (a) A person who knowingly or intentionally exerts
unauthorized control over property of another person commits
criminal conversion, a Class A misdemeanor.
(b) The offense under subsection (a) is a Class D felony if
committed by a person who exerts unauthorized control over the
motor vehicle of another person with the intent to use the motor
vehicle to assist the person in the commission of a crime.
(c) The offense under subsection (a) is a Class C felony if:
(1) committed by a person who exerts unauthorized control over
the motor vehicle of another person; and
(2) the person uses the motor vehicle to assist the person in
the commission of a felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.46; P.L.143-2005, SEC.2.
IC 35-43-4-3.5
Failure to return or pay for articles borrowed from library,
gallery, museum, collection, or exhibition
Sec. 3.5. (a) If a person:
(1) borrows any article which belongs to or is in the care of
any library, gallery, museum, collection, or exhibition;
(2) borrows the article under an agreement to return the article
within a specified period of time; and
(3) fails to return the article within that specified period of
time; then the lender shall comply with subsection (b).
(b) If a person commits those acts specified in subsection (a),
the lender shall:
(1) send written notification of the violation of the agreement
to the borrower;
(2) attach a copy of this section to the notice;
(3) include in the notice a request for return of the article
within fifteen (15) days of receipt of the notice; and
(4) mail the notice to the last known address of the borrower or
deliver it to the borrower in person. The lender shall send the
notice required by this subsection by certified or registered
mail, return receipt requested.
(c) If the borrower willfully or knowingly fails to return the
article, or reimburse the lender for the value of the article,
within thirty (30) days of receipt of the notice required in
subsection (b), he commits a Class C infraction.
(d) A person who commits an offense under this section may not
be charged with an offense under section 2 or 3 of this chapter
for the same act.
As added by Acts 1980, P.L.206, SEC.1.
IC 35-43-4-4
Evidence
Sec. 4. (a) The price tag or price marking on property displayed
or offered for sale constitutes prima facie evidence of the
value and ownership of the property.
(b) Evidence that a person:
(1) altered, substituted, or transferred a universal product
code (UPC) or another product identification code, label, price
tag, or price marking on property displayed or offered for sale
or hire; or
(2) transferred property displayed or offered for sale or hire
from the package, bag, or container in or on which the property
was displayed or offered to another package, bag, or container;
constitutes prima facie evidence of intent to deprive the owner
of the
property of a part of its value and that the person exerted
unauthorized control over the property.
(c) Evidence that a person:
(1) concealed property displayed or offered for sale or hire;
and
(2) removed the property from any place within the business
premises at which it was displayed or offered to a point beyond
that at which payment should be made; constitutes prima facie
evidence of intent to deprive the owner of the property of a
part of its value and that the person exerted unauthorized
control over the property.
(d) Except as provided in subsection (e) of this section,
evidence of failure to perform as promised, by itself, does not
constitute evidence that the promisor knew that the promise
would not be performed.
(e) Except as provided in section 5(b) of this chapter, a person
who has insufficient funds in or no account with a drawee credit
institution and who makes, draws, or utters a check, draft, or
order for payment on the credit institution may be inferred:
(1) to have known that the credit institution would refuse
payment upon presentment in the usual course of business; and
(2) to have intended to deprive the owner of any property
acquired by making, drawing, or uttering the check, draft, or
order for payment of a part of the value of that property.
(f) Evidence that a person, after renting or leasing any
property under a written agreement providing for the return of
the property to a particular place at a particular time, failed
to return the property to the place within seventy-two (72)
hours after the agreed time
constitutes prima facie evidence that he exerted unauthorized
control over the property.
(g) A judge may find that a photograph of property over which a
person is alleged to have exerted unauthorized control or to
have otherwise obtained unlawfully is competent evidence, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the
property; and
(2) is otherwise admissible into evidence under all other rules
of law governing the admissibility of photographs into evidence.
The fact that it is impractical to introduce into evidence the
actual property for any reason, including its size, weight, or
unavailability,
need not be established for a judge to find a photograph of that
property to be competent evidence. If a photograph is found to
be competent evidence under this subsection, it is admissible
into evidence in place of the property and to the same extent as
the
property itself.
(h) A law enforcement agency that is holding as evidence
property over which a person is alleged to have exerted
unauthorized control or to have otherwise obtained unlawfully,
may return that property to its owner if:
(1) the property has been photographed in a manner that will
serve the purpose of demonstrating the nature of the property,
and if these photographs are filed with or retained by the law
enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon
delivery by the law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that
involves the property has not requested the law enforcement
agency to decline requests for return of the property to its
owner; and
(4) the property may be lawfully possessed by the owner.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.47; Acts 1980, P.L.200, SEC.2; P.L.322-1985, SEC.1;
P.L.84-2001, SEC.1.
IC 35-43-4-5
Defenses
Sec. 5. (a) An owner in possession of encumbered property does
not commit a crime under this chapter, as against a person
having only a security interest in the property, by removing or
otherwise dealing with the property contrary to the terms of the
security
agreement, even if title is in the credit institution under a
mortgage,conditional sales contract, or bailment lease.
(b) It is a defense under this chapter if a maker or drawer:
(1) who has an account in a credit institution but does not have
sufficient funds in that account; and
(2) who makes, draws, or utters a check, draft, or order for
payment on the credit institution; pays the credit institution
the amount due, together with protest fees, within ten (10) days
after receiving notice that the check, draft, or order has not
been paid by the credit institution. Notice sent to either
(i) the address printed or written on the check, draft, or
order,
or (ii) the address given in writing to the recipient at the
time the check, draft, or order was issued or delivered
constitutes notice that the check, draft, or order has not been
paid by the credit institution.
(c) A person who transfers or reproduces recorded sounds in
connection with a broadcast or telecast, or for archival
purposes, does not commit a crime under this chapter, even if he
does not have the consent of the owner of the master recording.
(d) A person who receives, retains, or disposes of personal
property that has been the subject of theft with the purpose of
restoring it to the owner, does not commit a crime under this
chapter.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.48; Acts 1979, P.L.300, SEC.3; P.L.323-1985, SEC.1.
IC 35-43-4-6
Unauthorized control over property of benefit provider; prima
facie evidence
Sec. 6. (a) As used in this section:
"Benefit" includes any accident, sickness, or other health care
or reimbursement therefor to which a person is entitled.
"Benefit identification card" means a writing that identifies a
person, his spouse, or his dependent as being entitled to a
benefit. "Benefit provider" includes an employer, insurer, or
health care provider who has agreed to provide or has provided a
benefit to a person who has a benefit identification card.
(b) Evidence that a person:
(1) permitted a person who was not entitled to a benefit to use
his benefit identification card to obtain a benefit; or
(2) uses his benefit identification card to obtain a benefit for
a person who was not entitled to the benefit; constitutes prima
facie evidence that such person exerted unauthorized control
over property of the benefit provider.
As added by P.L.327-1983, SEC.1.
IC 35-43-4-7
Vending machine vandalism
Sec. 7. (a) As used in this section, "vending machine" means a
mechanical or an electronic device or a receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) to automatically dispense goods, wares, merchandise, or
other property in return for the insertion or deposit of a coin,
bill, or token.
(b) A person who knowingly or intentionally:
(1) damages a vending machine; or
(2) removes goods, wares, merchandise, or other property from a
vending machine without:
(A) inserting or depositing a coin, bill, or token made for that
purpose; or
(B) the consent of the owner or operator of the vending machine;
commits vending machine vandalism, a Class B misdemeanor.
However, the offense is a Class A misdemeanor if the amount of
the damage or the value of the goods, wares, merchandise, or
other property removed from the vending machine is at least two
hundred fifty dollars ($250).
As added by P.L.299-1995, SEC.1.
IC 35-43-4-8
Suspension of driving privileges for fuel theft
Sec. 8. (a) A conviction for an offense under section 2 of this
chapter or section 3 of this chapter that involves exerting
unauthorized control over gasoline or motor vehicle fuel:
(1) by operation of a motor vehicle to leave the premises of an
establishment at which gasoline or motor vehicle fuel is offered
for sale after the gasoline or motor vehicle fuel has been
dispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a credit
card, debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the
person.
(b) The court imposing sentence for a violation under subsection
(a) shall issue an order to the bureau of motor vehicles:
(1) stating that the person has been convicted of an offense
under section 2 of this chapter or section 3 of this chapter
involving the unauthorized taking of gasoline or motor vehicle
fuel; and
(2) ordering the suspension of the person's driving privileges
under IC 9-25-6-21.
The suspension of a person's driving privileges under this
section is in addition to other penalties prescribed by IC
35-50-3-2 for a Class A misdemeanor or by IC 35-50-2-7 for a
Class D felony.
As added by P.L.117-2001, SEC.6.
________________________________________
IC 35-43-5
Chapter 5. Forgery, Fraud, and Other Deceptions
IC 35-43-5-1
Definitions
Sec. 1. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Claim statement" means an insurance policy, a document, or
a statement made in support of or in opposition to a claim for
payment or other benefit under an insurance policy, or other
evidence of expense, injury, or loss. The term includes
statements made orally, in writing, or electronically, including
the following:
(1) An account.
(2) A bill for services.
(3) A bill of lading.
(4) A claim.
(5) A diagnosis.
(6) An estimate of property damages.
(7) A hospital record.
(8) An invoice.
(9) A notice.
(10) A proof of loss.
(11) A receipt for payment.
(12) A physician's records.
(13) A prescription.
(14) A statement.
(15) A test result.
(16) X-rays.
(c) "Coin machine" means a coin box, vending machine, or other
mechanical or electronic device or receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) in return for the insertion or deposit of a coin, bill, or
token automatically:
(A) to offer, provide, or assist in providing; or
(B) to permit the acquisition of; some property.
(d) "Credit card" means an instrument or device (whether known
as a credit card or charge plate, or by any other name) issued
by an issuer for use by or on behalf of the credit card holder
in obtaining property.
(e) "Credit card holder" means the person to whom or for whose
benefit the credit card is issued by an issuer.
(f) "Customer" means a person who receives or has contracted for
a utility service.
(g) "Drug or alcohol screening test" means a test that:
(1) is used to determine the presence or use of alcohol, a
controlled substance, or a drug in a person's bodily substance;
and
(2) is administered in the course of monitoring a person who is:
(A) incarcerated in a prison or jail;
(B) placed in a community corrections program;
(C) on probation or parole;
(D) participating in a court ordered alcohol or drug treatment
program; or
(E) on court ordered pretrial release.
(h) "Entrusted" means held in a fiduciary capacity or placed in
charge of a person engaged in the business of transporting,
storing, lending on, or otherwise holding property of others.
(i) "Identifying information" means information that identifies
an individual, including an individual's:
(1) name, address, date of birth, place of employment, employer
identification number, mother's maiden name, Social Security
number, or any identification number issued by a governmental
entity;
(2) unique biometric data, including the individual's
fingerprint, voice print, or retina or iris image;
(3) unique electronic identification number, address, or routing
code;
(4) telecommunication identifying information; or
(5) telecommunication access device, including a card, a plate,
a code, a telephone number, an account number, a personal
identification number, an electronic serial number, a mobile
identification number, or another telecommunications service or
device or means of account access that may be used to:
(A) obtain money, goods, services, or any other thing of value;
or
(B) initiate a transfer of funds.
(j) "Insurance policy" includes the following:
(1) An insurance policy.
(2) A contract with a health maintenance organization (as
defined in IC 27-13-1-19) or a limited service health
maintenance organization (as defined in IC 27-13-1-27).
(3) A written agreement entered into under IC 27-1-25.
(k) "Insurer" has the meaning set forth in IC 27-1-2-3(x). The
term also includes the following:
(1) A reinsurer.
(2) A purported insurer or reinsurer.
(3) A broker.
(4) An agent of an insurer, a reinsurer, a purported insurer or
reinsurer, or a broker.
(5) A health maintenance organization.
(6) A limited service health maintenance organization.
(l) "Manufacturer" means a person who manufactures a recording.
The term does not include a person who manufactures a medium
upon which sounds or visual images can be recorded or stored.
(m) "Make" means to draw, prepare, complete, counterfeit, copy
or otherwise reproduce, or alter any written instrument in whole
or in part.
(n) "Metering device" means a mechanism or system used by a
utility to measure or record the quantity of services received
by a customer.
(o) "Public relief or assistance" means any payment made,
service rendered, hospitalization provided, or other benefit
extended to a person by a governmental entity from public funds
and includes township assistance, food stamps, direct relief,
unemployment compensation, and any other form of support or aid.
(p) "Recording" means a tangible medium upon which sounds or
visual images are recorded or stored. The term includes the
following:
(1) An original:
(A) phonograph record;
(B) compact disc;
(C) wire;
(D) tape;
(E) audio cassette;
(F) video cassette; or
(G) film.
(2) Any other medium on which sounds or visual images are or can
be recorded or otherwise stored.
(3) A copy or reproduction of an item in subdivision (1) or (2)
that duplicates an original recording in whole or in part.
(q) "Slug" means an article or object that is capable of being
deposited in a coin machine as an improper substitute for a
genuine coin, bill, or token.
(r) "Utility" means a person who owns or operates, for public
use, any plant, equipment, property, franchise, or license for
the production, storage, transmission, sale, or delivery of
electricity, water, steam, telecommunications, information, or
gas.
(s) "Written instrument" means a paper, a document, or other
instrument containing written matter and includes money, coins,
tokens, stamps, seals, credit cards, badges, trademarks, medals,
retail sales receipts, labels or markings (including a universal
product code (UPC) or another product identification code), or
other objects or symbols of value, right, privilege, or
identification.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.49; P.L.321-1983, SEC.4; P.L.182-1984, SEC.3;
P.L.180-1991, SEC.8; P.L.216-1991, SEC.1; P.L.193-1991, SEC.2;
P.L.247-1993, SEC.1; P.L.150-1994, SEC.2; P.L.2-1995, SEC.127;
P.L.84-2001, SEC.2; P.L.180-2001, SEC.1; P.L.22-2003, SEC.1;
P.L.160-2003, SEC.27; P.L.73-2005, SEC.170; P.L.171-2005, SEC.1;
P.L.181-2005, SEC.5.
IC 35-43-5-2
Forgery; counterfeiting; application fraud
Sec. 2. (a) A person who knowingly or intentionally:
(1) makes or utters a written instrument in such a manner that
it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that
the written instruments were made in a manner that they purport
to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; commits
counterfeiting, a Class D felony.
(b) A person who, with intent to defraud, makes, utters, or
possesses a written instrument in such a manner that it purports
to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority; commits
forgery, a Class C felony.
(c) This subsection applies to a person who applies for a
driver's license (as defined in IC 9-13-2-48). A person who:
(1) knowingly or intentionally uses a false or fictitious name
or gives a false or fictitious address in an application for a
driver's license or for a renewal or a duplicate of a driver's
license; or
(2) knowingly or intentionally makes a false statement or
conceals a material fact or otherwise commits fraud in an
application for a driver's license; commits application fraud, a
Class D felony.
(d) This subsection applies to a person who applies for a state
identification card (as issued under IC 9-24-16). A person who:
(1) knowingly or intentionally uses false information in an
application for an identification card or for a renewal or
duplicate of an identification card; or
(2) knowingly or intentionally makes a false statement or
otherwise commits fraud in an application for an identification
card; commits application fraud, a Class D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.50; P.L.45-2005, SEC.2; P.L.106-2006, SEC.3.
IC 35-43-5-2.5
False government issued identification
Sec. 2.5. A person who knowingly or intentionally possesses,
produces, or distributes a document not issued by a government
entity that purports to be a government issued identification
commits a Class A misdemeanor.
As added by P.L.109-2006, SEC.1.
IC 35-43-5-3
Deception
Sec. 3. (a) A person who:
(1) being an officer, manager, or other person participating in
the direction of a credit institution, knowingly or
intentionally receives or permits the receipt of a deposit or
other investment, knowing that the institution is insolvent;
(2) knowingly or intentionally makes a false or misleading
written statement with intent to obtain property, employment, or
an educational opportunity;
(3) misapplies entrusted property, property of a governmental
entity, or property of a credit institution in a manner that the
person knows is unlawful or that the person knows involves
substantial risk of loss or detriment to either the owner of the
property or to a person for whose benefit the property was
entrusted;
(4) knowingly or intentionally, in the regular course of
business, either:
(A) uses or possesses for use a false weight or measure or other
device for falsely determining or recording the quality or
quantity of any commodity; or
(B) sells, offers, or displays for sale or delivers less than
the represented quality or quantity of any commodity;
(5) with intent to defraud another person furnishing
electricity, gas, water, telecommunication, or any other utility
service, avoids a lawful charge for that service by scheme or
device or by tampering with facilities or equipment of the
person furnishing the service;
(6) with intent to defraud, misrepresents the identity of the
person or another person or the identity or quality of property;
(7) with intent to defraud an owner of a coin machine, deposits
a slug in that machine;
(8) with intent to enable the person or another person to
deposit a slug in a coin machine, makes, possesses, or disposes
of a slug;
(9) disseminates to the public an advertisement that the person
knows is false, misleading, or deceptive, with intent to promote
the purchase or sale of property or the acceptance of
employment;
(10) with intent to defraud, misrepresents a person as being a
physician licensed under IC 25-22.5; or
(11) knowingly and intentionally defrauds another person
furnishing cable TV service by avoiding paying compensation for
that service by any scheme or device or by tampering with
facilities or equipment of the person furnishing the service;
commits deception, a Class A misdemeanor.
(b) In determining whether an advertisement is false,
misleading, or deceptive under subsection (a)(9), there shall be
considered, among other things, not only representations
contained or suggested in the advertisement, by whatever means,
including device or sound, but also the extent to which the
advertisement fails to reveal material facts in the light of the
representations.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.51; Acts 1978, P.L.144, SEC.5; P.L.182-1984, SEC.4;
P.L.237-1989, SEC.2; P.L.247-1993, SEC.2; P.L.222-1996, SEC.1.
IC 35-43-5-3.5
Identity deception
Sec. 3.5. (a) Except as provided in subsection (c), a person who
knowingly or intentionally obtains, possesses, transfers, or
uses the identifying information of another person, including
the identifying information of a person who is deceased:
(1) without the other person's consent; and
(2) with intent to:
(A) harm or defraud another person;
(B) assume another person's identity; or
(C) profess to be another person; commits identity deception, a
Class D felony.
(b) However, the offense defined in subsection (a) is a Class C
felony if:
(1) a person obtains, possesses, transfers, or uses the
identifying information of more than one hundred (100) persons;
or
(2) the fair market value of the fraud or harm caused by the
offense is at least fifty thousand dollars ($50,000).
(c) The conduct prohibited in subsections (a) and (b) does not
apply to:
(1) a person less than twenty-one (21) years of age who uses the
identifying information of another person to acquire an
alcoholic beverage (as defined in IC 7.1-1-3-5);
(2) a minor (as defined in IC 35-49-1-4) who uses the
identifying information of another person to acquire:
(A) a cigarette or tobacco product (as defined in IC 6-7-2-5);
(B) a periodical, a videotape, or other communication medium
that contains or depicts nudity (as defined in IC 35-49-1-5);
(C) admittance to a performance (live or film) that prohibits
the attendance of the minor based on age; or
(D) an item that is prohibited by law for use or consumption by
a minor; or
(3) any person who uses the identifying information for a lawful
purpose.
(d) It is not a defense in a prosecution under subsection (a) or
(b) that no person was harmed or defrauded.
As added by P.L.180-2001, SEC.2. Amended by P.L.22-2003, SEC.2;
P.L.125-2006, SEC.9.
IC 35-43-5-3.6
Terroristic deception
Sec. 3.6. A person who knowingly or intentionally obtains,
possesses, transfers, or uses the identifying information of
another person with intent to:
(1) commit terrorism; or
(2) obtain or transport a weapon of mass destruction; commits
terroristic deception, a Class C felony.
As added by P.L.123-2002, SEC.38.
IC 35-43-5-3.7
Notario publico deception
Sec. 3.7. A person who violates IC 33-42-2-10 commits notario
publico deception, a Class A misdemeanor.
As added by P.L.85-2007, SEC.3.
IC 35-43-5-4
Fraud
Sec. 4. A person who:
(1) with intent to defraud, obtains property by:
(A) using a credit card, knowing that the credit card was
unlawfully obtained or retained;
(B) using a credit card, knowing that the credit card is forged,
revoked, or expired;
(C) using, without consent, a credit card that was issued to
another person;
(D) representing, without the consent of the credit card holder,
that the person is the authorized holder of the credit card; or
(E) representing that the person is the authorized holder of a
credit card when the card has not in fact been issued;
(2) being authorized by an issuer to furnish property upon
presentation of a credit card, fails to furnish the property
and, with intent to defraud the issuer or the credit card
holder, represents in writing to the issuer that the person has
furnished the property;
(3) being authorized by an issuer to furnish property upon
presentation of a credit card, furnishes, with intent to defraud
the issuer or the credit card holder, property upon presentation
of a credit card, knowing that the credit card was unlawfully
obtained or retained or that the credit card is forged, revoked,
or expired;
(4) not being the issuer, knowingly or intentionally sells a
credit card;
(5) not being the issuer, receives a credit card, knowing that
the credit card was unlawfully obtained or retained or that the
credit card is forged, revoked, or expired;
(6) with intent to defraud, receives a credit card as security
for debt;
(7) receives property, knowing that the property was obtained in
violation of subdivision (1) of this section;
(8) with intent to defraud the person's creditor or purchaser,
conceals, encumbers, or transfers property;
(9) with intent to defraud, damages property; or
(10) knowingly or intentionally:
(A) sells;
(B) rents;
(C) transports; or
(D) possesses; a recording for commercial gain or personal
financial gain that does not conspicuously display the true name
and address of the manufacturer of the recording; commits fraud,
a Class D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.52; Acts 1978, P.L.82, SEC.3; P.L.180-1991, SEC.9;
P.L.193-1991, SEC.3; P.L.1-1992, SEC.180; P.L.180-2001, SEC.3;
P.L.181-2005, SEC.6.
IC 35-43-5-4.3
Unlawful possession of a card skimming device
Sec. 4.3. (a) As used in this section, "card skimming device"
means a device that is designed to read information encoded on a
credit card. The term includes a device designed to read,
record, or transmit information encoded on a credit card:
(1) directly from a credit card; or
(2) from another device that reads information directly from a
credit card.
(b) A person who possesses a card skimming device with intent to
commit:
(1) identity deception (IC 35-43-5-3.5);
(2) fraud (IC 35-43-5-4); or
(3) terroristic deception (IC 35-43-5-3.6); commits unlawful
possession of a card skimming device. Unlawful possession of a
card skimming device under subdivision (1) or (2) is a Class D
felony. Unlawful possession of a card skimming device
under subdivision (3) is a Class C felony.
As added by P.L.125-2006, SEC.10.
IC 35-43-5-4.5
Insurance fraud; insurance application fraud
Sec. 4.5. (a) A person who, knowingly and with intent to
defraud:
(1) makes, utters, presents, or causes to be presented to an
insurer or an insurance claimant, a claim statement that
contains false, incomplete, or misleading information concerning
the claim;
(2) presents, causes to be presented, or prepares with knowledge
or belief that it will be presented to or by an insurer, an
oral, a written, or an electronic statement that the person
knows to contain materially false information as part of, in
support of, or concerning a fact that is material to:
(A) the rating of an insurance policy;
(B) a claim for payment or benefit under an insurance policy;
(C) premiums paid on an insurance policy;
(D) payments made in accordance with the terms of an insurance
policy;
(E) an application for a certificate of authority;
(F) the financial condition of an insurer; or
(G) the acquisition of an insurer; or conceals any information
concerning a subject set forth in clauses (A) through (G);
(3) solicits or accepts new or renewal insurance risks by or for
an insolvent insurer or other entity regulated under IC 27;
(4) removes:
(A) the assets;
(B) the record of assets, transactions, and affairs; or
(C) a material part of the assets or the record of assets,
transactions, and affairs;
of an insurer or another entity regulated under IC 27, from the
home office, other place of business, or place of safekeeping of
the insurer or other regulated entity, or conceals or attempts
to conceal from the department of insurance assets or records
referred to in clauses (A) through (B); or
(5) diverts funds of an insurer or another person in connection
with:
(A) the transaction of insurance or reinsurance;
(B) the conduct of business activities by an insurer or another
entity regulated under IC 27; or
(C) the formation, acquisition, or dissolution of an insurer or
another entity regulated under IC 27; commits insurance fraud.
Except as provided in subsection (b), insurance fraud is a Class
D felony.
(b) An offense described in subsection (a) is a Class C felony
if:
(1) the person who commits the offense has a prior unrelated
conviction under this section; or
(2) the:
(A) value of property, services, or other benefits obtained or
attempted to be obtained by the person as a result of the
offense; or
(B) economic loss suffered by another person as a result of the
offense;is at least two thousand five hundred dollars ($2,500).
(c) A person who knowingly and with intent to defraud makes a
material misstatement in support of an application for the
issuance of an insurance policy commits insurance application
fraud, a Class A misdemeanor.
As added by P.L.181-2005, SEC.7.
IC 35-43-5-5
Check deception
Sec. 5. (a) A person who knowingly or intentionally issues or
delivers a check, a draft, or an order on a credit institution
for the payment of or to acquire money or other property,
knowing that it will not be paid or honored by the credit
institution upon presentment in the usual course of business,
commits check deception, a Class A misdemeanor. However, the
offense is a Class D felony if the amount of the check, draft,
or order is at least two thousand five hundred dollars ($2,500)
and the property acquired by the person was a motor vehicle.
(b) An unpaid and dishonored check, a draft, or an order that
has the drawee's refusal to pay and reason printed, stamped, or
written on or attached to it constitutes prima facie evidence:
(1) that due presentment of it was made to the drawee for
payment and dishonor thereof; and
(2) that it properly was dishonored for the reason stated.
(c) The fact that a person issued or delivered a check, a draft,
or an order, payment of which was refused by the drawee,
constitutes prima facie evidence that the person knew that it
would not be paid or honored. In addition, evidence that a
person had insufficient funds in or no account with a drawee
credit institution constitutes prima facie evidence that the
person knew that the check, draft, or order would not be paid or
honored.
(d) The following two (2) items constitute prima facie evidence
of the identity of the maker of a check, draft, or order if at
the time of its acceptance they are obtained and recorded,
either on the check, draft, or order itself or on file, by the
payee:
(1) Name and residence, business, or mailing address of the
maker.
(2) Motor vehicle operator's license number, Social Security
number, home telephone number, or place of employment of the
maker.
(e) It is a defense under subsection (a) if a person who:
(1) has an account with a credit institution but does not have
sufficient funds in that account; and
(2) issues or delivers a check, a draft, or an order for payment
on that credit institution;
pays the payee or holder the amount due, together with protest
fees and any service fee or charge, which may not exceed the
greater of twenty-seven dollars and fifty cents ($27.50) or five
percent (5%) (but not more than two hundred fifty dollars
($250)) of the amount due, that may be charged by the payee or
holder, within ten (10) days after the date of mailing by the
payee or holder of notice to the person that the check, draft,
or order has not been paid by the credit institution. Notice
sent in the manner set forth in IC 26-2-7-3 constitutes notice
to the person that the check, draft, or order has not been paid
by the credit institution. The payee or holder of a check,
draft, or order that has been dishonored incurs no civil or
criminal liability for sending notice under this subsection.
(f) A person does not commit a crime under subsection (a) when:
(1) the payee or holder knows that the person has insufficient
funds to ensure payment or that the check, draft, or order is
postdated; or
(2) insufficiency of funds or credit results from an adjustment
to the person's account by the credit institution without notice
to the person.
As added by Acts 1978, P.L.144, SEC.6. Amended by Acts 1981,
P.L.303, SEC.1; P.L.268-1983, SEC.2; P.L.328-1983, SEC.1;
P.L.298-1989, SEC.1; P.L.42-1993, SEC.96; P.L.300-1995, SEC.1;
P.L.85-2003, SEC.1.
IC 35-43-5-6
Utilizing a device or scheme to avoid being assessed for full
amount of services received from utility or cable TV service
provider Sec. 6. (a) A customer who utilizes any device or
scheme to avoid being assessed for the full amount of services
received from a utility
or a cable TV service provider commits a Class B infraction.
(b) Evidence that a customer's metering device has been altered,
removed, or bypassed without the knowledge of or notification to
the utility is prima facie evidence that the customer has
utilized a device or scheme to avoid being assessed for the full
amount of services received from the utility.
(c) Evidence that access to services of a utility or a cable TV
service provider has been obtained without authority from the
utility or the cable TV service provider constitutes prima facie
evidence that the person benefiting from the access has utilized
a device or scheme to avoid being assessed for the full amount
of services received from the utility or the cable TV service
provider.
As added by P.L.321-1983, SEC.5. Amended by P.L.324-1985, SEC.1.
IC 35-43-5-6.5
Sale of kit or device for unauthorized use of cable television
system services
Sec. 6.5. (a) A person who manufactures, distributes, sells,
leases, or offers for sale or lease:
(1) a device; or
(2) a kit of parts to construct a device; designed in whole or
in part to intercept, unscramble, or decode a transmission by a
cable television system with the intent that the device or kit
be used to obtain cable television system services without full
payment to the cable television system commits a Class D felony.
(b) The sale or distribution by a person of:
(1) any device; or
(2) a kit of parts to construct a device; described in
subsection (a) constitutes prima facie evidence of a violation
of subsection (a) if, before or at the time of sale or
distribution, the person advertised or indicated that the device
or the assembled kit will enable a person to receive cable
television system service without making full payment to the
cable television system.
As added by P.L.222-1996, SEC.2.
IC 35-43-5-7
Welfare fraud
Sec. 7. (a) A person who knowingly or intentionally:
(1) obtains public relief or assistance by means of
impersonation, fictitious transfer, false or misleading oral or
written statement, fradulent conveyance, or other fraudulent
means;
(2) acquires, possesses, uses, transfers, sells, trades, issues,
or disposes of:
(A) an authorization document to obtain public relief or
assistance; or
(B) public relief or assistance; except as authorized by law;
(3) uses, transfers, acquires, issues, or possesses a blank or
incomplete authorization document to participate in public
relief or assistance programs, except as authorized by law;
(4) counterfeits or alters an authorization document to receive
public relief or assistance, or knowingly uses, transfers,
acquires, or possesses a counterfeit or altered authorization
document to receive public relief or assistance; or
(5) conceals information for the purpose of receiving public
relief or assistance to which he is not entitled; commits
welfare fraud, a Class A misdemeanor, except as provided in
subsection (b).
(b) The offense is:
(1) a Class D felony if:
(A) the amount of public relief or assistance involved is more
than two hundred fifty dollars ($250) but less than two thousand
five hundred dollars ($2,500); or
(B) the amount involved is not more than two hundred fifty
dollars ($250) and the person has a prior conviction of welfare
fraud under this section; and
(2) a Class C felony if the amount of public relief or
assistance involved is two thousand five hundred dollars
($2,500) or more, regardless of whether the person has a prior
conviction of welfare fraud under this section.
(c) Whenever a person is convicted of welfare fraud under this
section, the clerk of the sentencing court shall certify to the
appropriate state agency and the appropriate agency of the
county of the defendant's residence:
(1) his conviction; and
(2) whether the defendant is placed on probation and restitution
is ordered under IC 35-38-2.
As added by P.L.182-1984, SEC.5.
IC 35-43-5-7.1
Medicaid fraud
Sec. 7.1. (a) Except as provided in subsection (b), a person who
knowingly or intentionally:
(1) files a Medicaid claim, including an electronic claim, in
violation of IC 12-15;
(2) obtains payment from the Medicaid program under IC 12-15 by
means of a false or misleading oral or written statement or
other fraudulent means;
(3) acquires a provider number under the Medicaid program except
as authorized by law;
(4) alters with the intent to defraud or falsifies documents or
records of a provider (as defined in 42 CFR 1000.30) that are
required to be kept under the Medicaid program; or
(5) conceals information for the purpose of applying for or
receiving unauthorized payments from the Medicaid program;
commits Medicaid fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony
if the fair market value of the offense is at least one hundred
thousand dollars ($100,000).
As added by P.L.10-1994, SEC.8. Amended by P.L.273-1999,
SEC.179; P.L.1-2006, SEC.531.
IC 35-43-5-7.2
Insurance fraud
Sec. 7.2. (a) Except as provided in subsection (b), a person who
knowingly or intentionally:
(1) files a children's health insurance program claim, including
an electronic claim, in violation of IC 12-17.6;
(2) obtains payment from the children's health insurance program
under IC 12-17.6 by means of a false or misleading oral or
written statement or other fraudulent means;
(3) acquires a provider number under the children's health
insurance program except as authorized by law;
(4) alters with intent to defraud or falsifies documents or
records of a provider (as defined in 42 CFR 1002.301) that are
required to be kept under the children's health insurance
program; or
(5) conceals information for the purpose of applying for or
receiving unauthorized payments from the children's health
insurance program; commits insurance fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony
if the fair market value of the offense is at least one hundred
thousand dollars ($100,000).
As added by P.L.273-1999, SEC.180.
IC 35-43-5-7.3
Repealed
(Repealed by P.L.255-2003, SEC.55.)
IC 35-43-5-8
Fraud on financial institutions
Sec. 8. (a) A person who knowingly executes, or attempts to
execute, a scheme or artifice:
(1) to defraud a state or federally chartered or federally
insured financial institution; or
(2) to obtain any of the money, funds, credits, assets,
securities, or other property owned by or under the custody or
control of a state or federally chartered or federally insured
financial institution by means of false or fraudulent pretenses,
representations, or promises; commits a Class C felony.
(b) As used in this section, the term "state or federally
chartered or federally insured financial institution" means:
(1) an institution with accounts insured by the Federal Deposit
Insurance Corporation;
(2) a credit union with accounts insured by the National Credit
Union Administration Board;
(3) a federal home loan bank or a member, as defined in Section
2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in
effect on December 31, 1990, of the Federal Home Loan Bank
System; or
(4) a bank, banking association, land bank, intermediate credit
bank, bank for cooperatives, production credit association, land
bank association, mortgage association, trust company, savings
bank, or other banking or financial institution organized or
operating under the laws of the United States or of the state.
The term does not include a lender licensed under IC 24-4.5.
As added by P.L.187-1984, SEC.1. Amended by P.L.8-1991, SEC.35;
P.L.10-2006, SEC.80 and P.L.57-2006, SEC.80.
IC 35-43-5-9
Falsely representing entity as disadvantaged or women owned
business enterprise
Sec. 9. (a) A person who knowingly or intentionally falsely
represents any entity as a disadvantaged business enterprise (as
defined in IC 5-16-6.5-1) or a women owned business enterprise
(as defined in IC 5-16-6.5-3) in order to qualify for
certification as such an enterprise under a program conducted by
a public agency (as defined in IC 5-16-6.5-2) designed to assist
disadvantaged business enterprises or women owned business
enterprises in obtaining contracts with public agencies for the
provision of goods and
services commits a Class D felony.
(b) A person who knowingly or intentionally falsely represents
an entity with which the person will subcontract all or part of
a contract with a public agency (as defined in IC 5-16-6.5-2) as
a disadvantaged business enterprise (as defined in IC
5-16-6.5-1) or a women owned enterprise (as defined in IC
5-16-16.5-3) in order to qualify for certification as an
eligible bidder under a program conducted by a public agency
designed to assist disadvantaged business enterprises or women
owned enterprises in obtaining contracts with public agencies
for the provision of goods and services commits a Class D
felony.
As added by P.L.70-1987, SEC.2. Amended by P.L.71-1989, SEC.3.
IC 35-43-5-10
Repealed
(Repealed by P.L.247-1993, SEC.3.)
IC 35-43-5-11
Government contract procurement through false information Sec.
11. A person who knowingly or intentionally provides false
information to a governmental entity to obtain a contract from
the governmental entity commits a Class A misdemeanor. However,
the
offense is a Class D felony if the provision of false
information results in financial loss to the governmental
entity.
As added by P.L.29-1993, SEC.5.
IC 35-43-5-12
Check fraud
Sec. 12. (a) As used in this section, "financial institution"
refers to a state or federally chartered bank, savings bank,
savings association, or credit union.
(b) A person who knowingly or intentionally obtains property,
through a scheme or artifice, with intent to defraud:
(1) by issuing or delivering a check, a draft, an electronic
debit, or an order on a financial institution:
(A) knowing that the check, draft, order, or electronic debit
will not be paid or honored by the financial institution upon
presentment in the usual course of business;
(B) using false or altered evidence of identity or residence;
(C) using a false or an altered account number; or
(D) using a false or an altered check, draft, order or
electronic instrument;
(2) by:
(A) depositing the minimum initial deposit required to open an
account; and
(B) either making no additional deposits or making insufficient
additional deposits to insure debits to the account; or
(3) by opening accounts with more than one (1) financial
institution in either a consecutive or concurrent time period;
commits check fraud, a Class D felony. However, the offense is a
Class C felony if the person has a prior unrelated conviction
under this section or the aggregate amount of property obtained
is at least twenty-five thousand dollars ($25,000).
As added by P.L.161-1994, SEC.1. Amended by P.L.79-1998,
SEC.105.
IC 35-43-5-13
Deception involving out of hospital do not resuscitate
declarations
Sec. 13. Certain offenses concerning forgery and other
deceptions involving out of hospital do not resuscitate
declarations and orders are described in IC 16-36-5.
As added by P.L.148-1999, SEC.13.
IC 35-43-5-14
Possession of a fraudulent sales document
Sec. 14. (a) A person who, with intent to defraud, possesses:
(1) a retail sales receipt;
(2) a label or other item with a universal product code (UPC);
or
(3) a label or other item that contains a product identification
code that applies to an item other than the items to which the
label or other item applies; commits possession of a fraudulent
sales document, a Class A misdemeanor.
(b) The offense under subsection (a) is a Class D felony if the
person possesses at least fifteen (15):
(1) retail sales receipts;
(2) labels containing a universal product code (UPC);
(3) labels containing another product identification code; or
(4) of any combination of the items described in subdivisions
(1) through (3).
As added by P.L.84-2001, SEC.3.
IC 35-43-5-15
Possession of a fraudulent sales document manufacturing device
Sec. 15. A person who, with intent to defraud, possesses a
device to make retail sales receipts, universal product codes (UPC),
or other product identification codes, commits possession of a
fraudulent sales document manufacturing device, a Class A
misdemeanor.
As added by P.L.84-2001, SEC.4.
IC 35-43-5-16
Making a false sales document
Sec. 16. A person who, with intent to defraud:
(1) makes or puts a false universal product code (UPC) or
another product identification code on property displayed or
offered for sale; or
(2) makes a false sales receipt; commits making a false sales
document, a Class D felony.
As added by P.L.84-2001, SEC.5.
IC 35-43-5-17
Delivery of a false sales document
Sec. 17. A person who, with intent to defraud, delivers a:
(1) false sales receipt;
(2) duplicate of a sales receipt; or
(3) label or other item with a false universal product code (UPC)
or other product identification code; to another person commits
delivery of a false sales document, a Class D felony.
As added by P.L.84-2001, SEC.6.
IC 35-43-5-18
Possession of device or substance to interfere with drug or
alcohol screening test
Sec. 18. A person who knowingly or intentionally possesses a:
(1) device; or
(2) substance; designed or intended to be used to interfere with
a drug or alcohol screening test commits possession of a device
or substance used to interfere with a drug or alcohol screening
test, a Class B misdemeanor.
As added by P.L.171-2005, SEC.2.
IC 35-43-5-19
Interfering with drug or alcohol screening test
Sec. 19. A person who interferes with or attempts to interfere
with a drug or alcohol screening test by:
(1) using a:
(A) device; or
(B) substance;
(2) substituting a human bodily substance that is tested in a
drug or alcohol screening test; or
(3) adulterating a substance used in a drug or alcohol screening
test; commits interfering with a drug or alcohol screening test,
a Class B misdemeanor.
As added by P.L.171-2005, SEC.3.
IC 35-43-5-20
Inmate fraud
Sec. 20. (a) As used in this section, "inmate" means a person
who is confined in:
(1) the custody of:
(A) the department of correction; or
(B) a sheriff;
(2) a county jail; or
(3) a secure juvenile facility.
(b) An inmate who, with the intent of obtaining money or other
property from a person who is not an inmate, knowingly or
intentionally:
(1) makes a misrepresentation to a person who is not an inmate
and obtains or attempts to obtain money or other property from
the person who is not an inmate; or
(2) obtains or attempts to obtain money or other property from
the person who is not an inmate through a misrepresentation made
by another person;
commits inmate fraud, a Class C felony.
As added by P.L.81-2008, SEC.5.
________________________________________
IC 35-43-6
Chapter 6. Home Improvement Fraud
IC 35-43-6-1
Application of chapter
Sec. 1. This chapter applies only to residential property, which
means real property used in whole or in part as a dwelling by a
consumer and includes all fixtures to, structures on, and
improvements to the real property.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-2
"Consumer" defined
Sec. 2. As used in the chapter, "consumer" means an individual
who owns, leases, or rents the residential property that is the
subject of a home improvement contract.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-3
"Home improvement" defined
Sec. 3. As used in this chapter, "home improvement" means any
alteration, repair, or other modification of residential
property. However, this chapter does not apply to the original
construction of a dwelling.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-4
"Home improvement contract" defined
Sec. 4. As used in this chapter, "home improvement contract"
means an oral or written agreement between a home improvement
supplier and a consumer to make a home improvement and for which
the contract price exceeds one hundred fifty dollars ($150).
Multiple contracts entered into by a home improvement supplier
with a consumer are considered a home improvement contract for
the purposes of this chapter if the multiple contracts arise
from the same transaction.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-5
"Home improvement contract price" defined
Sec. 5. As used in this chapter, "home improvement contract
price" means the amount actually charged for the services,
materials, and work to be performed under the home improvement
contract but does not include financing costs, loan
consolidation amounts, taxes, and governmental fees paid by or
on behalf of the consumer, amounts returned to or on behalf of
the consumer, or similar costs not related to the home
improvement.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-6
"Home improvement supplier" defined
Sec. 6. As used in this chapter, "home improvement supplier"
means a person who engages in or solicits home improvement
contracts whether or not the person deals directly with the
consumer.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-7
"Person" defined
Sec. 7. As used in this chapter, "person" means an individual,
corporation, business trust, estate, trust, partnership,
association, cooperative, or any other legal entity.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-8
Unconscionable contract
Sec. 8. For the purposes of this chapter, a home improvement
contract is unconscionable if an unreasonable difference exists
between the fair market value of the services, materials, and
work performed or to be performed and the home improvement
contract
price.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-9
Prima facie unconscionability
Sec. 9. For the purposes of this chapter, a home improvement
contract price in excess of four (4) times greater than the fair
market value of the services, materials, or work performed or to
be performed is prima facie evidence of an unconscionable home
improvement contract.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-10
Fair market value of improvement
Sec. 10. For the purposes of this chapter, the fair market value
of a home improvement is that amount which in commercial
judgment or under usage of trade would be reasonable for
services, materials, and work of similar quality and
workmanship.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-11
Determination of fair market value
Sec. 11. For the purposes of this chapter, fair market value
shall be determined as of the time either the home improvement
contract was formed or at the time any of the work commenced
under the home improvement contract, whichever is earlier.
However, if such evidence is not readily available, the fair
market value prevailing within any reasonable time before or
after the time described, which in commercial judgment or under
usage of trade would serve as a reasonable substitute, may be
used.
As added by P.L.251-1987, SEC.4.
IC 35-43-6-12
Home improvement fraud; offense
Sec. 12. (a) A home improvement supplier who enters into a home
improvement contract and knowingly:
(1) misrepresents a material fact relating to:
(A) the terms of the home improvement contract; or
(B) a preexisting or existing condition of any part of the
property involved, including a misrepresentation concerning the
threat of:
(i) fire; or
(ii) structural damage; if the property is not repaired;
(2) creates or confirms a consumer's impression that is false
and that the home improvement supplier does not believe to be
true;
(3) promises performance that the home improvement supplier does
not intend to perform or knows will not be performed;
(4) uses or employs any deception, false pretense, or false
promise to cause a consumer to enter into a home improvement
contract;
(5) enters into an unconscionable home improvement contract with
a home improvement contract price of four thousand dollars
($4,000) or more, but less than seven thousand dollars ($7,000);
(6) misrepresents or conceals the home improvement supplier's:
(A) real name;
(B) business name;
(C) physical or mailing business address; or
(D) telephone number;
(7) upon request by the consumer, fails to provide the consumer
with any copy of a written warranty or guarantee that states:
(A) the length of the warranty or guarantee;
(B) the home improvement that is covered by the warranty or
guarantee; or
(C) how the consumer could make a claim for a repair under the
warranty or guarantee;
(8) uses a product in a home improvement that has been diluted,
modified, or altered in a manner that would void the
manufacturer's warranty of the product without disclosing to the
consumer the reasons for the dilution, modification, or
alteration and that the manufacturer's warranty may be
compromised; or
(9) falsely claims to a consumer that the home improvement
supplier:
(A) was referred to the consumer by a contractor who previously
worked for the consumer;
(B) is licensed, certified, or insured; or
(C) has obtained all necessary permits or licenses before
starting a home improvement; commits home improvement fraud, a
Class B misdemeanor, except as provided in section 13 of this
chapter.
(b) A home improvement supplier who, with the intent to enter
into a home improvement contract, knowingly:
(1) damages the property of a consumer;
(2) does work on the property of a consumer without the
consumer's prior authorization;
(3) misrepresents that the supplier or another person is an
employee or agent of the federal government, the state, a
political subdivision of the state, or any other governmental
agency or entity; or
(4) misrepresents that the supplier or another person is an
employee or agent of any public or private utility; commits a
Class A misdemeanor, except as provided in section 13(b) of this
chapter.
As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.1.
IC 35-43-6-13
Enhanced offenses
Sec. 13. (a) The offense in section 12(a) of this chapter is a
Class A misdemeanor:
(1) in the case of an offense under section 12(a)(1) through
12(a)(4) or 12(a)(6) through 12(a)(9), if the home improvement
contract price is one thousand dollars ($1,000) or more;
(2) for the second or subsequent offense under this chapter or
in another jurisdiction for an offense that is substantially
similar to another offense described in this chapter;
(3) if two (2) or more home improvement contracts exceed an
aggregate amount of one thousand dollars ($1,000) and are
entered into with the same consumer by one (1) or more suppliers
as part of or in furtherance of a common fraudulent scheme,
design, or intention; or
(4) if, in a violation of section 12(a)(5) of this chapter, the
home improvement contract price is at least seven thousand
dollars ($7,000), but less than ten thousand dollars ($10,000).
(b) The offense in section 12 of this chapter is a Class D
felony:
(1) if, in a violation of section 12(a)(5) of this chapter, the
home improvement contract price is more than ten thousand
dollars ($10,000);
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5); or
(B) section 12(a)(7) through 12(a)(9); of this chapter, the
consumer is at least sixty (60) years of age and the home
improvement contract price is ten thousand dollars ($10,000) or
less;
(3) if, in a violation of section 12(b) of this chapter, the
consumer is at least sixty (60) years of age; or
(4) if the home improvement supplier violates more than one (1)
subdivision of section 12(a) of this chapter.
(c) The offense in section 12(a) of this chapter is a Class C
felony:
(1) if, in a violation of:
(A) section 12(a)(1) through 12(a)(5); or
(B) section 12(a)(7) through 12(a)(9); of this chapter, the
consumer is at least sixty (60) years of age and the home
improvement contract price is more than ten thousand dollars
($10,000); or
(2) if, in a violation of:
(A) section 12(a)(1) through 12(a)(4); or
(B) section 12(a)(7) through 12(a)(9); of this chapter, the
consumer is at least sixty (60) years of age, and two (2) or
more home improvement contracts exceed an aggregate amount of
one thousand dollars ($1,000) and are entered into with the same
consumer by one (1) or more suppliers as part of or in
furtherance of a common fraudulent scheme, design, or intention.
As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.2;
P.L.1-2007, SEC.232.
IC 35-43-6-14
Defense
Sec. 14. For the purposes of section 13 of this chapter, it is
not a defense to home improvement fraud committed against a
consumer who is at least sixty (60) years of age that the
supplier reasonably believed the consumer to be an individual
less than sixty (60) years of age.
As added by P.L.251-1987, SEC.4.
________________________________________
IC 35-43-7
Chapter 7. Impairment of Identification
IC 35-43-7-1
"Consent of the original manufacturer" defined Sec. 1. As used
in this chapter, "consent of the original manufacturer" includes
consent:
(1) directly from the original manufacturer;
(2) from an appointed direct representative of the original
manufacturer; or
(3) from a person operating under specific authorization of the
original manufacturer.
As added by P.L.294-1989, SEC.3.
IC 35-43-7-2
"Identification number" defined
Sec. 2. As used in this chapter, "identification number" means a
number, letter, or number and letter assigned to a product by
the manufacturer of the product for the purpose of identifying
the item.
As added by P.L.294-1989, SEC.3.
IC 35-43-7-3
"Product" defined
Sec. 3. As used in this chapter, "product" means the
followingitems:
(1) Radio.
(2) Piano.
(3) Phonograph.
(4) Sewing machine.
(5) Washing machine.
(6) Typewriter.
(7) Adding machine.
(8) Comptometer.
(9) Bicycle.
(10) Safe.
(11) Vacuum cleaner.
(12) Dictaphone.
(13) Watch.
(14) Watch movement.
(15) Watch case.
(16) Any mechanical or electrical device, appliance,
contrivance, material, piece of apparatus, or equipment not
described in subdivisions (1) through (15).
(17) Integrated chip or panel.
(18) Printed circuit.
(19) Any other part of a computer.
As added by P.L.294-1989, SEC.3.
IC 35-43-7-4
Impairment of identification
Sec. 4. A person who intentionally or knowingly conceals,
alters, damages, or removes an identification number of a
product with the intent to conceal the identity of the product
and without the consent of the original manufacturer of the
product commits impairment of identification, a Class A
misdemeanor. As added by P.L.294-1989, SEC.3.
IC 35-43-7-5
Receiving unidentified property
Sec. 5. A person who intentionally or knowingly receives or
possesses a product on which the identification number of the
product has been concealed, altered, damaged, or removed with
the intent to conceal the identity of the product and without
the consent of the original manufacturer of the product commits
receiving unidentified property, a Class A misdemeanor.
As added by P.L.294-1989, SEC.3.
________________________________________
IC 35-43-8
Chapter 8. Timber Spiking
IC 35-43-8-1
"Timber" defined
Sec. 1. As used in this chapter, "timber" includes standing or
felled trees and logs that can be used for any of the following:
(1) Sawing or processing into lumber for building or structural
purposes.
(2) Posts, poles, bolts, pulpwood, or cordwood.
(3) The manufacture of wood products.
As added by P.L.139-1992, SEC.1.
IC 35-43-8-2
Criminal offense; punishment
Sec. 2. A person who recklessly, knowingly, or intentionally,
without claim or right or consent of the owner, drives, places,
or fastens in timber a device of metal, ceramic, or other
substance sufficiently hard to damage equipment used in the
processing of timber into wood products, with the intent to
hinder the felling, logging, or processing of timber, is guilty
of a crime and may be sentenced under this chapter.
As added by P.L.139-1992, SEC.1.
IC 35-43-8-3
Penalties; attorney's fees and restitution
Sec. 3. (a) A person who violates section 2 of this chapter
commits a Class C felony if the violation causes bodily injury
to another person.
(b) A person who violates section 2 of this chapter commits a
Class D felony if the violation does not cause bodily injury to
another person.
(c) In addition to a penalty imposed under subsection (a) or
(b), the court may order a person convicted of violating section
2 of this chapter to pay attorney's fees and restitution to the
owner of property damaged because of the action of the person.
As added by P.L.139-1992, SEC.1.
IC 35-43-8-4
Infractions
Sec. 4. A person commits a Class A infraction who:
(1) possesses a device of metal, ceramic, or other substance
commonly used to damage saws, wood processing, manufacturing, or
transportation equipment with the intent to use the device to
hinder the logging or the processing of timber; or
(2) possesses a chemical or biological substance, mechanical
equipment, or a tool with the intent to use the substance,
equipment, or tool or permit the use of the substance,
equipment, or tool to damage timber processing, manufacturing,
or transportation equipment.
As added by P.L.139-1992, SEC.1.
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IC 35-43-9
Chapter 9. Conversion or Misappropriation of Title Insurance
Escrow Funds
IC 35-43-9-1
"Party" defined
Sec. 1. As used in this chapter, "party" means an individual who
is:
(1) buying;
(2) selling; or
(3) refinancing; a dwelling in a residential real property
transaction.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-2
"Person" defined
Sec. 2. As used in this chapter, "person" means an individual, a
corporation, a limited liability company, a partnership, a firm,
an association, or another organization.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-3
"Residential real property transaction" defined
Sec. 3. As used in this chapter, "residential real property
transaction" means the purchase, sale, or refinancing of a
dwelling that has been or will be the residence of a party in
the purchase, sale, or refinancing.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-4
"Title insurance agent" defined
Sec. 4. As used in this chapter, "title insurance agent" means a
person who holds a limited lines producer's license issued under
IC 27-1-15.6-18(4) and disburses funds from a title insurance
escrow account to a party in connection with a residential real
property
transaction.
As added by P.L.300-1995, SEC.2. Amended by P.L.132-2001,
SEC.25; P.L.178-2003, SEC.97.
IC 35-43-9-5
"Title insurance escrow account" defined
Sec. 5. As used in this chapter, "title insurance escrow
account" means an account in which written instruments, money,
or other items are deposited and held in escrow or trust for
disbursement to a party in connection with a residential real
property transaction upon the performance of a specified
condition or the happening of a certain event.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-6
"Title insurer" defined
Sec. 6. As used in this chapter, "title insurer" means a person
holding a valid certificate of authority issued under IC
27-7-3-6.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-7
Violations
Sec. 7. (a) An officer, a director, or an employee of a title
insurer, an individual associated with the title insurer as an
independent contractor, or a title insurance agent who knowingly
or intentionally:
(1) converts or misappropriates money received or held in a
title insurance escrow account; or
(2) receives or conspires to receive money described in
subdivision (1); commits a Class D felony, except as provided in
subsection (b).
(b) The offense is:
(1) a Class C felony if the amount of money:
(A) converted, misappropriated, or received; or
(B) for which there is a conspiracy; is more than ten thousand
dollars ($10,000) but less than one hundred thousand dollars
($100,000); and
(2) a Class B felony if the amount of money:
(A) converted, misappropriated, or received; or
(B) for which there is a conspiracy; is at least one hundred
thousand dollars ($100,000).
As added by P.L.300-1995, SEC.2.
IC 35-43-9-8
Notice of conviction
Sec. 8. The court shall direct the clerk of court to notify the
Indiana department of insurance about a conviction of an offense
under section 7 of this chapter.
As added by P.L.300-1995, SEC.2.
IC 35-43-9-9
Restitution
Sec. 9. In addition to any sentence or fine imposed for a
conviction of an offense in section 7 of this chapter, the court
shall order the person convicted to make restitution to the
victim of the crime pursuant to IC 35-50-5-3.
As added by P.L.300-1995, SEC.2.
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IC 35-43-10
Chapter 10. Legend Drug Deception
IC 35-43-10-1
Definitions
Sec. 1. The definitions in IC 25-26-14 apply throughout this
chapter.
As added by P.L.212-2005, SEC.76.
IC 35-43-10-2
Application of chapter
Sec. 2. Except as provided by federal law or regulation, this
chapter does not apply to a pharmaceutical manufacturer that is
approved by the federal Food and Drug Administration.
As added by P.L.212-2005, SEC.76.
IC 35-43-10-3
Legend drug deception; penalty
Sec. 3. A person who knowingly or intentionally:
(1) possesses a contraband legend drug;
(2) sells, delivers, or possesses with intent to sell or deliver
a contraband legend drug;
(3) forges, counterfeits, or falsely creates a label for a
legend drug or falsely represents a factual matter contained on
a label of a legend drug; or
(4) manufactures, purchases, sells, delivers, brings into
Indiana, or possesses a contraband legend drug; commits legend
drug deception, a Class D felony.
As added by P.L.212-2005, SEC.76.
IC 35-43-10-4
Legend drug deception resulting in death; penalty
Sec. 4. A person:
(1) who knowingly or intentionally manufactures, purchases,
sells, delivers, brings into Indiana, or possesses a contraband
legend drug; and
(2) whose act under subdivision (1) results in the death of an
individual; commits legend drug deception resulting in death, a
Class A felony.
As added by P.L.212-2005, SEC.76.
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