Public-domain · open source
OpenJurist

Ind. Code § 35-43-5-4

Fraud

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 4. A person who:
Sec. 4. (a) 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.
(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 (e), 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 less than fifty thousand dollars ($50,000) 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 (a) is a Level 4 felony if one (1) or more of the following apply:
(1) The pecuniary loss is at least one hundred thousand dollars ($100,000).
(2) The pecuniary loss is at least fifty thousand dollars ($50,000) 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.
(e) The offense described in subsection (b)(8) 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).

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.