2023 Indiana Code
Title 35. Criminal Law and Procedure
Article 43. Offenses Against Property
Chapter 5. Forgery, Fraud, and Other Deceptions
35-43-5-4. Fraud
Sec. 4. (a) A person who:
(1) with the intent to obtain property or data, or an educational, governmental, or employment benefit to which the person is not entitled, knowingly or intentionally:
(A) makes a false or misleading statement; or
(B) creates a false impression in another person;
(2) with the intent to cause another person to obtain property, knowingly or intentionally:
(A) makes a false or misleading statement;
(B) creates a false impression in a third person; or
(C) causes to be presented a claim that:
(i) contains a false or misleading statement; or
(ii) creates a false or misleading impression in a third person;
(3) possesses, manufactures, uses, or alters a document, instrument, computer program, or device with the intent to obtain:
(A) property;
(B) data; or
(C) an educational, governmental, or employment benefit;
to which the person is not entitled; or
(4) knowingly or intentionally engages in a scheme or artifice to commit an offense described in subdivisions (1) through (3);
commits fraud, a Class A misdemeanor except as otherwise provided in this section.
(b) The offense described in subsection (a) is a Level 6 felony if one (1) or more of the following apply:
(1) The offense is committed not later than seven (7) years from the date the person:
(A) was convicted of a prior unrelated conviction for an offense under this article; or
(B) was released from a term of incarceration, probation, or parole (whichever occurred last) imposed for a prior unrelated conviction for an offense under this article;
whichever occurred last.
(2) The pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000).
(3) The victim is:
(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
(B) less than eighteen (18) years of age.
(4) The person makes a false or misleading statement representing an 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.
(5) The person makes a false or misleading statement representing 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 business enterprise (as defined in IC 5-16-6.5-3);
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.
(6) The offense is committed by a person who is confined in:
(A) the department of correction;
(B) a county jail; or
(C) a secure juvenile facility.
(7) The document or instrument that the person possesses, manufactures, uses, or alters is a document or instrument:
(A) issued by a public servant or a governmental entity;
(B) that has been manufactured or altered to appear to have been issued by a public servant or a governmental entity; or
(C) that the person tendered to, or intends to tender to a public servant or a governmental entity.
(8) Except as provided in subsection (d), the person:
(A) made the false or misleading statement; or
(B) created the false impression in another person;
on or by means of a document or written instrument.
(9) The agreement is unconscionable.
(10) The offense involves human reproductive material (as defined in IC 34-24-5-1).
(c) The offense described in subsection (a) is a Level 5 felony if one (1) or more of the following apply:
(1) The pecuniary loss is at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000).
(2) The pecuniary loss is at least seven hundred fifty dollars ($750) and the victim is:
(A) an endangered adult (as defined in IC 12-10-3-2(a)); or
(B) less than eighteen (18) years of age.
(3) The victim was a financial institution.
(d) The offense described in subsection (b)(9) is a Class A misdemeanor if the defendant proves by a preponderance of the evidence that the:
(1) value of the property, data, or benefit intended to be obtained; and
(2) actual pecuniary loss;
is less than seven hundred fifty dollars ($750).
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; P.L.174-2021, SEC.48.
