2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 43. OFFENSES AGAINST PROPERTY CHAPTER 5. FORGERY, FRAUD, AND OTHER DECEPTIONS
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IC 35-43-5
Chapter 5. Forgery, Fraud, and Other Deceptions
IC 35-43-5-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 1 of this chapter by
P.L.84-2001 are intended to specify that the scope of the amended
terms includes retail sales receipts, universal product codes (UPC),
and other product identification codes. The amendment of these
definitions shall not be construed to mean that these terms did not
cover retail sales receipts, universal product codes (UPC), and other
product identification codes before July 1, 2001.
As added by P.L.220-2011, SEC.599. Amended by P.L.63-2012,
SEC.53.
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 a
person, including a person'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 person'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) "Synthetic identifying information" means identifying
information that identifies:
(1) a false or fictitious person;
(2) a person other than the person who is using the information;
or
(3) a combination of persons described under subdivisions (1)
and (2).
(s) "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.
(t) "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; P.L.137-2009, SEC.13.
IC 35-43-5-2
Counterfeiting; false or fraudulent sales receipts; forgery;
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 Level 6 felony.
(b) A person who, with intent to defraud:
(1) makes or delivers to another person:
(A) a false sales receipt;
(B) a duplicate of a sales receipt; or
(C) a label or other item with a false universal product code
(UPC) or other product identification code; or
(2) places a false universal product code (UPC) or another
product identification code on property displayed or offered for
sale;
commits making or delivering a false sales document, a Level 6
felony.
(c) 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 item to which the
label or other item applies;
commits possession of a fraudulent sales document, a Class A
misdemeanor. However, the offense is a Level 6 felony if the person
possesses at least fifteen (15) retail sales receipts, at least fifteen (15)
labels containing a universal product code (UPC), at least fifteen (15)
labels containing another product identification code, or at least
fifteen (15) of any combination of the items described in subdivisions
(1) through (3).
(d) 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 Level 6 felony.
(e) This subsection applies to a person who applies for a driver's
license (as defined in IC 9-13-2-48) or a state identification card (as
described in IC 9-24-16). 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 a state identification card or for a renewal or a
duplicate of a driver's license or a state identification card; or
(2) knowingly or intentionally makes a false statement or
conceals a material fact in an application for a driver's license or
a state identification card;
commits application fraud, a Level 6 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;
P.L.158-2013, SEC.469.
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;
(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; or
(12) knowingly or intentionally provides false information to a
governmental entity to obtain a contract from the governmental
entity;
commits deception, a Class A misdemeanor. However, an offense
under subdivision (12) is a Level 6 felony if the provision of false
information results in financial loss to the governmental entity.
(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.
(c) A person who knowingly or intentionally falsely represents:
(1) any entity as:
(A) a disadvantaged business enterprise (as defined in
IC 5-16-6.5-1); or
(B) 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; or
(2) 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) a disadvantaged business enterprise (as defined in
IC 5-16-6.5-1); or
(B) 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 that is conducted by a public agency 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 Level 6 felony.
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;
P.L.158-2013, SEC.470.
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 Level 6 felony.
(b) However, the offense defined in subsection (a) is a Level 5
felony if:
(1) a person obtains, possesses, transfers, or uses the identifying
information of more than one hundred (100) persons;
(2) the fair market value of the fraud or harm caused by the
offense is at least fifty thousand dollars ($50,000); or
(3) a person obtains, possesses, transfers, or uses the identifying
information of a person who is less than eighteen (18) years of
age and is:
(A) the person's son or daughter;
(B) a dependent of the person;
(C) a ward of the person; or
(D) an individual for whom the person is a guardian.
(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, an electronic cigarette (as defined in
IC 35-46-1-1.5), or a 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; P.L.137-2009, SEC.14; P.L.20-2013, SEC.3;
P.L.158-2013, SEC.471.
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 Level 5 felony.
As added by P.L.123-2002, SEC.38. Amended by P.L.158-2013,
SEC.472.
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 35-43-5-3.8
Synthetic identity deception
Sec. 3.8. (a) A person who knowingly or intentionally obtains,
possesses, transfers, or uses the synthetic identifying information:
(1) with intent to harm or defraud another person;
(2) with intent to assume another person's identity; or
(3) with intent to profess to be another person;
commits synthetic identity deception, a Level 6 felony.
(b) The offense under subsection (a) is a Level 5 felony if:
(1) a person obtains, possesses, transfers, or uses the synthetic
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
synthetic identifying information of another person to acquire
an alcoholic beverage (as defined in IC 7.1-1-3-5); or
(2) a minor (as defined in IC 35-49-1-4) who uses the synthetic
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 on 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.
(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.137-2009, SEC.15. Amended by P.L.158-2013,
SEC.473.
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 Level 6 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; P.L.158-2013, SEC.474.
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) synthetic identity deception (IC 35-43-5-3.8);
(3) fraud (IC 35-43-5-4); or
(4) 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), (2), or
(3) is a Level 6 felony. Unlawful possession of a card skimming
device under subdivision (4) is a Level 5 felony.
As added by P.L.125-2006, SEC.10. Amended by P.L.137-2009,
SEC.16; P.L.158-2013, SEC.475.
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 Level 6 felony.
(b) An offense described in subsection (a) is a Level 5 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. Amended by P.L.158-2013,
SEC.476.
IC 35-43-5-4.6
Unlawful sale or possession of a transaction manipulation device
Sec. 4.6. (a) The following definitions apply throughout this
section:
(1) "Automated sales suppression device" means a software
program:
(A) carried on a memory stick or removable compact disc;
(B) accessed through an Internet link; or
(C) accessed through any other means;
that falsifies the electronic records of electronic cash registers
and other point-of-sale systems, including transaction data and
transaction reports.
(2) "Electronic cash register" means a device that keeps a
register or supporting documents through the means of an
electronic device or a computer system designed to record
transaction data for the purpose of computing, compiling, or
processing retail sales transaction data in any manner.
(3) "Phantom-ware" means a hidden, a pre-installed, or an
installed at a later time programming option embedded in the
operating system of an electronic cash register or hardwired into
the electronic cash register that:
(A) can be used to create a virtual second till; or
(B) may eliminate or manipulate transaction records that may
or may not be preserved in digital formats to represent the
true or manipulated record of transactions in the electronic
cash register.
(4) "Transaction data" includes information regarding:
(A) items purchased by a customer;
(B) the price for each item;
(C) a taxability determination for each item;
(D) a segregated tax amount for each of the taxed items;
(E) the amount of cash or credit tendered;
(F) the net amount returned to the customer in change;
(G) the date and time of the purchase;
(H) the name, address, and identification number of the
vendor; and
(I) the receipt or invoice number of the transaction.
(5) "Transaction report" means:
(A) a report that includes:
(i) the sales;
(ii) taxes collected;
(iii) media totals; and
(iv) discount voids;
at an electronic cash register that is printed on cash register
tape at the end of a day or shift; or
(B) a report documenting every action at an electronic cash
register that is stored electronically.
(6) "Zapper" refers to an automated sales suppression device.
(b) A person who knowingly or intentionally sells, purchases,
installs, transfers, or possesses:
(1) an automated sales suppression device or a zapper; or
(2) phantom-ware;
after June 30, 2013, commits unlawful sale or possession of a
transaction manipulation device, a Level 5 felony.
As added by P.L.293-2013(ts), SEC.43. Amended by P.L.168-2014,
SEC.78.
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:
(1) a Level 6 felony if the amount of the check, draft, or order
is at least seven hundred fifty dollars ($750) and less than fifty
thousand dollars ($50,000); and
(2) a Level 5 felony if the amount of the check, draft, or order
is at least fifty thousand dollars ($50,000).
(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; P.L.158-2013, SEC.477.
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 Level
6 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. Amended by P.L.158-2013,
SEC.478.
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, fraudulent 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 Level 6 felony if the amount of public relief or assistance
involved is more than seven hundred fifty dollars ($750) but less
than fifty thousand dollars ($50,000); and
(2) a Level 5 felony if the amount of public relief or assistance
involved is at least fifty thousand dollars ($50,000).
(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) the defendant's 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. Amended by P.L.158-2013,
SEC.479.
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 A misdemeanor.
(b) The offense described in subsection (a) is:
(1) a Level 6 felony if the fair market value of the offense is at
least seven hundred fifty dollars ($750) and less than fifty
thousand dollars ($50,000); and
(2) a Level 5 felony if the fair market value of the offense is at
least fifty thousand dollars ($50,000).
As added by P.L.10-1994, SEC.8. Amended by P.L.273-1999,
SEC.179; P.L.1-2006, SEC.531; P.L.158-2013, SEC.480.
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 A misdemeanor.
(b) The offense described in subsection (a) is:
(1) a Level 6 felony if the fair market value of the offense is at
least seven hundred fifty dollars ($750) and less than fifty
thousand dollars ($50,000); and
(2) a Level 5 felony if the fair market value of the offense is at
least fifty thousand dollars ($50,000).
As added by P.L.273-1999, SEC.180. Amended by P.L.158-2013,
SEC.481.
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 Level 5 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; P.L.158-2013,
SEC.482.
IC 35-43-5-9
Repealed
(Repealed by P.L.158-2013, SEC.483.)
IC 35-43-5-10
Repealed
(Repealed by P.L.247-1993, SEC.3.)
IC 35-43-5-11
Repealed
(Repealed by P.L.158-2013, SEC.484.)
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 A misdemeanor.
(c) However, an offense under subsection (b) is:
(1) a Level 6 felony if the aggregate amount of property
obtained is at least seven hundred fifty dollars ($750) and less
than fifty thousand dollars ($50,000); and
(2) a Level 5 felony if the aggregate amount of the property
obtained is at least fifty thousand dollars ($50,000).
As added by P.L.161-1994, SEC.1. Amended by P.L.79-1998,
SEC.105; P.L.158-2013, SEC.485.
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
Repealed
(Repealed by P.L.158-2013, SEC.486.)
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 Level 6 felony.
As added by P.L.84-2001, SEC.5. Amended by P.L.158-2013,
SEC.487.
IC 35-43-5-17
Repealed
(Repealed by P.L.158-2013, SEC.488.)
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:
(1) is a pretrial detainee; and
(2) with the intent of obtaining money or other property from a
person who is not an inmate, knowingly or intentionally:
(A) 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
(B) 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 Level 6 felony.
(c) An inmate:
(1) who is incarcerated because the inmate has been:
(A) convicted of an offense; or
(B) adjudicated a delinquent; and
(2) who, with the intent of obtaining money or other property
from a person who is not an inmate, knowingly or intentionally:
(A) 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
(B) 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 Level 5 felony.
As added by P.L.81-2008, SEC.5. Amended by P.L.158-2013,
SEC.489.
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