Bill Text: IN HB1159 | 2012 | Regular Session | Introduced
Bill Title: Identity deception.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Courts and Criminal Code [HB1159 Detail]
Download: Indiana-2012-HB1159-Introduced.html
Citations Affected: IC 35-43-5.
Synopsis: Identity deception. Makes it identity deception, a Class D
felony, for a person to obtain, possess, transfer, or use 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 intimidate or threaten another person. Makes it
synthetic identity deception, a Class D felony, for a person to obtain,
possess, transfer, or use synthetic identifying information with intent
to intimidate or threaten another person.
Effective: July 1, 2012.
January 6, 2012, read first time and referred to Committee on Courts and Criminal Code.
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(1) without the other person's consent; and
(2) with intent to:
(A) harm,
(B) assume another person's identity; or
(C) profess to be another person;
commits identity deception, a Class D felony.
(b) However, the offense defined in subsection (a) is a Class C 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 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 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:
(1) subsection (a) or (b) that no person was harmed, or defrauded,
intimidated, or threatened; and
(2) subsection (b) that no person was harmed or defrauded.
(1) with intent to harm,
(2) with intent to assume another person's identity; or
(3) with intent to profess to be another person;
commits synthetic identity deception, a Class D felony.
(b) The offense under subsection (a) is a Class C 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:
(1) subsection (a)
(2) subsection (b) that no person was harmed or defrauded.
