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Legal Statutes: Indiana

UPDATED August 2, 2016

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Chapter 5. Forgery, Fraud, and Other Deception

back to top35-43-5-3.5. Identity deception

(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.

P.L.180-2001, § 2; P.L.22-2003, § 2; P.L.125-2006, § 9; P.L.137-2009, § 14, eff. July 1, 2009; P.L.158-2013, § 471, eff. July 1, 2014.