Section 35-43-5-4 - [Effective Until 7/1/2024] Fraud(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: (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;(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).
Amended by P.L. 174-2021,SEC. 48, eff. 7/1/2021.Amended by P.L. 158-2013, SEC. 474, eff. 7/1/2014.As added by Acts1976 , P.L. 148, SEC.3. Amended by Acts1977 , P.L. 340, SEC.52; Acts1978 , 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.This section is set out more than once due to postponed, multiple, or conflicting amendments.