Bill Text: IN SB0263 | 2012 | Regular Session | Introduced
Bill Title: Property crimes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0263 Detail]
Download: Indiana-2012-SB0263-Introduced.html
Citations Affected: IC 9-24-2-2.5; IC 24-4.6-5-7; IC 28-7-5-33;
IC 31-37-19-17.2; IC 32-35-2-9; IC 33-39-1-8; IC 34-24; IC 34-30;
IC 35-32-2-2; IC 35-33-1-1; IC 35-37-4-6; IC 35-43.
Synopsis: Property crimes. Authorizes a law enforcement officer to
arrest a person who has committed theft, even if the theft is not
committed in the officer's presence. Consolidates cemetery mischief,
unlawful acts relating to caves, and computer tampering into the
criminal mischief statute, and repeals the redundant statutes. Provides
that a person who breaks and enters with the intent to commit theft
commits burglary. Makes theft a: (1) Class A misdemeanor if the
amount of property involved in the theft is less than $750; (2) Class D
felony if the amount is at least $750 and less than $50,000, if the item
stolen was a firearm, if the person has a prior conviction, or if the
offense involved the failure to return a leased motor vehicle; and (3)
Class C felony if the amount of property involved is at least $50,000.
Removes provisions relating to receiving stolen property, and repeals
the criminal conversion statute (transferring the provision concerning
leased motor vehicles to the theft statute). Makes forgery a Class D
felony, and consolidates certain provisions dealing with application
fraud. Consolidates certain offenses made in connection with
government contracts into the deception statute, and repeals redundant
provisions. Makes the threshold for enhancing the penalty for certain
frauds $50,000. Consolidates provisions relating to interference with
drug screening tests, and repeals a redundant provision. Makes inmate
fraud a Class D felony if the inmate is in pretrial status, and increases
the penalty to a Class C felony if the inmate has been convicted or if
the amount involved is at least $50,000. Makes conforming
amendments.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) The bureau shall suspend the operator's license or invalidate the learner's permit of a person who is the subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) or
(1) pay the total pump price of the motor fuel pumped and the service charge in response to a notice sent by a retailer under this chapter; or
(2) reply to the retailer's notice with a written notice under section 6(b)(1) or 6(b)(2) of this chapter;
the vehicle owner's civil liability under this chapter does not preclude criminal liability under IC 35-43-4-2, IC 35-43-4-3 (before its repeal), IC 35-43-4-8, or any other law.
(1) when the property that constitutes the pledge is stolen (IC 35-43-4-2) or criminally converted (IC 35-43-4-3, before its repeal) property; or
(2) where a prior lien exists under another statute.
(b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
(1) suspend the child's operator's license; or
(2) invalidate the child's learner's permit;
under IC 9-25-6-21 in the same manner as the bureau of motor vehicles is required to suspend the driving privileges of a person convicted of fuel theft.
(1) The defendant gained possession of the property by theft (IC 35-43-4-2) or criminal conversion (IC 35-43-4-3, before its repeal).
(2) The property consists of one (1) or more negotiable instruments or credit cards.
(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:
(A) perishable, and will perish before any noticed hearing can be had;
(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or
(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
(b) This section does not apply to a person arrested for or charged with:
(1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
(2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
(A) intoxication; or
(B) the operation of a motor vehicle;
if the offense involving intoxication or the operation of a motor vehicle was part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.
(c) This section does not apply to a person:
(1) who is arrested for or charged with an offense under:
(A) IC 7.1-5-7-7(a), if the alleged offense occurred while the person was operating a motor vehicle;
(B) IC 9-30-4-8(a), if the alleged offense occurred while the person was operating a motor vehicle;
(C) IC 35-42-2-2(c)(1);
(D) IC 35-42-2-4(b)(1); or
(E) IC
(2) who held a probationary license (as defined in IC 9-24-11-3(b) or IC 9-24-11-3.3(b)) and was less than eighteen (18) years of age at the time of the alleged offense.
(d) A prosecuting attorney may withhold prosecution against an accused person if:
(1) the person is charged with a misdemeanor;
(2) the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;
(3) the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed in the
court in which the charge is pending; and
(4) the prosecuting attorney electronically transmits information
required by the prosecuting attorneys council concerning the
withheld prosecution to the prosecuting attorneys council, in a
manner and format designated by the prosecuting attorneys
council.
(e) An agreement under subsection (d) may include conditions that
the person:
(1) pay to the clerk of the court an initial user's fee and monthly
user's fees in the amounts specified in IC 33-37-4-1;
(2) work faithfully at a suitable employment or faithfully pursue
a course of study or career and technical education that will equip
the person for suitable employment;
(3) undergo available medical treatment or counseling and remain
in a specified facility required for that purpose;
(4) support the person's dependents and meet other family
responsibilities;
(5) make restitution or reparation to the victim of the crime for the
damage or injury that was sustained;
(6) refrain from harassing, intimidating, threatening, or having
any direct or indirect contact with the victim or a witness;
(7) report to the prosecuting attorney at reasonable times;
(8) answer all reasonable inquiries by the prosecuting attorney
and promptly notify the prosecuting attorney of any change in
address or employment; and
(9) participate in dispute resolution either under IC 34-57-3 or a
program established by the prosecuting attorney.
(f) An agreement under subsection (d)(2) may include other
provisions reasonably related to the defendant's rehabilitation, if
approved by the court.
(g) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
(h) All money collected by the clerk as user's fees under this section
shall be deposited in the appropriate user fee fund under IC 33-37-8.
(i) If a court withholds prosecution under this section and the terms
of the agreement contain conditions described in subsection (e)(6):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
JULY 1, 2012]: Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-41-1), if they are used or are
intended for use by the person or persons in possession of them to
transport or in any manner to facilitate the transportation of the
following:
(A) A controlled substance for the purpose of committing,
attempting to commit, or conspiring to commit any of the
following:
(i) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(ii) Dealing in methamphetamine (IC 35-48-4-1.1).
(iii) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(iv) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(v) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(vi) Dealing in a counterfeit substance (IC 35-48-4-5).
(vii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(viii) Possession of methamphetamine (IC 35-48-4-6.1).
(ix) Dealing in paraphernalia (IC 35-48-4-8.5).
(x) Dealing in marijuana, hash oil, hashish, salvia, or a
synthetic cannabinoid (IC 35-48-4-10).
(B) Any stolen (IC 35-43-4-2) or converted property
(IC 35-43-4-3, before its repeal) if the retail or repurchase
value of that property is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-10-1.5.
(D) A bomb (as defined in IC 35-41-1-4.3) or weapon of mass
destruction (as defined in IC 35-41-1-29.4) used to commit,
used in an attempt to commit, or used in a conspiracy to
commit an offense under IC 35-47 as part of or in furtherance
of an act of terrorism (as defined by IC 35-41-1-26.5).
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property used to commit, used in
an attempt to commit, or used in a conspiracy to commit an
offense under IC 35-47 as part of or in furtherance of an act of
terrorism or commonly used as consideration for a violation of
IC 35-48-4 (other than items subject to forfeiture under
IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.
(3) Any portion of real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense under IC 35-47 as part of or in furtherance of an act of terrorism.
(5) Real property owned by a person who uses it to commit any of the following as a Class A felony, a Class B felony, or a Class C felony:
(A) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(B) Dealing in methamphetamine (IC 35-48-4-1.1).
(C) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(D) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(E) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud under IC 35-43-5-4(10).
(7) Recordings sold, rented, transported, or possessed by a person in violation of IC 24-4-10.
(8) Property (as defined by IC 35-41-1-23) or an enterprise (as defined by IC 35-45-6-1) that is the object of a corrupt business influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in IC 35-45-13-6) and plans, instructions, or publications used to commit an offense under IC 35-45-13.
(10) Any equipment, including computer equipment and cellular telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4.
(11) Destructive devices used, possessed, transported, or sold in violation of IC 35-47.5.
(12) Tobacco products that are sold in violation of IC 24-3-5, tobacco products that a person attempts to sell in violation of
IC 24-3-5, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.
(13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(14) After December 31, 2005, if a person is convicted of an
offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of the offense.
(B) Property constituting, derived from, or traceable to the
gross proceeds that the person obtained directly or indirectly
as a result of the offense.
(15) Except as provided in subsection (e), a motor vehicle used by
a person who operates the motor vehicle:
(A) while intoxicated, in violation of IC 9-30-5-1 through
IC 9-30-5-5, if in the previous five (5) years the person has two
(2) or more prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction; or
(B) on a highway while the person's driver's license is
suspended in violation of IC 9-24-19-2 through IC 9-24-19-4,
if in the previous five (5) years the person has two (2) or more
prior unrelated convictions:
(i) for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii) for an offense that is substantially similar to IC 9-30-5-1
through IC 9-30-5-5 in another jurisdiction.
If a court orders the seizure of a motor vehicle under this
subdivision, the court shall transmit an order to the bureau of
motor vehicles recommending that the bureau not permit a motor
vehicle to be registered in the name of the person whose motor
vehicle was seized until the person possesses a current driving
license (as defined in IC 9-13-2-41).
(16) The following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of an offense specified in
IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
IC 30-2-13-38(f).
(B) Property constituting, derived from, or traceable to the
gross proceeds that a person obtains directly or indirectly as a
result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
IC 30-2-10-9(b), or IC 30-2-13-38(f).
(b) A vehicle used by any person as a common or contract carrier in
the transaction of business as a common or contract carrier is not
subject to seizure under this section, unless it can be proven by a
preponderance of the evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in conduct that subjects it to
seizure under subsection (a).
(c) Equipment under subsection (a)(10) may not be seized unless it
can be proven by a preponderance of the evidence that the owner of the
equipment knowingly permitted the equipment to be used to engage in
conduct that subjects it to seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
consideration for a violation of IC 35-48-4 found near or on a person
who is committing, attempting to commit, or conspiring to commit any
of the following offenses shall be admitted into evidence in an action
under this chapter as prima facie evidence that the money, negotiable
instrument, security, or other thing of value is property that has been
used or was to have been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
narcotic drug).
(2) IC 35-48-4-1.1 (dealing in methamphetamine).
(3) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(4) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(5) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Class B felony.
(6) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
Class A felony, Class B felony, or Class C felony.
(7) IC 35-48-4-6.1 (possession of methamphetamine) as a Class
A felony, Class B felony, or Class C felony.
(8) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, salvia,
or a synthetic cannabinoid) as a Class C felony.
(e) A motor vehicle operated by a person who is not:
(1) an owner of the motor vehicle; or
(2) the spouse of the person who owns the motor vehicle;
is not subject to seizure under subsection (a)(15) unless it can be
proven by a preponderance of the evidence that the owner of the
vehicle knowingly permitted the vehicle to be used to engage in
conduct that subjects it to seizure under subsection (a)(15).
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(B) the actual retail value of the property is less than one hundred dollars ($100); or
(2) the retailer's actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2 or IC 35-43-4-3 (before its repeal) may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.
(b) Except as provided in subsection (c), the victim or an agent of the victim of a theft
(1) anhydrous ammonia (NH3);
(2) an ammonia solution; or
(3) a container used to store or transport anhydrous ammonia or an ammonia solution;
is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4.
(c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if:
(1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or
(2) the victim's or agent's willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:
(A) design;
(B) construction;
(C) location;
(D) installation; or
(E) operation;
of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.
(1) Burglary (IC 35-43-2-1).
(2) Robbery (IC 35-42-5-1).
(3) Theft (IC 35-43-4-2).
(4) Receiving stolen property (IC 35-43-4-2).
(5) Criminal conversion (IC 35-43-4-3, before its repeal).
(b) A person may be tried for receiving stolen property (IC 35-43-4-2, for an act committed before its repeal) in any county in which
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, theft or a felony;
(3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5);
(11) a removal order issued for the person by an immigration court;
(12) a detainer or notice of action for the person issued by the United States Department of Homeland Security; or
(13) probable cause to believe that the person has been indicted for or convicted of one (1) or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the person's duties;
may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been or is about to be committed or attempted in the person's presence.
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) Human and sexual trafficking crimes (IC 35-42-3.5).
(7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6).
(b) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(3):
(1) Exploitation of a dependent or endangered adult (IC 35-46-1-12).
(2) A sex crime (IC 35-42-4).
(3) Battery (IC 35-42-2-1).
(4) Kidnapping, confinement, or interference with custody (IC 35-42-3).
(5) Home improvement fraud (IC 35-43-6).
(6) Fraud (IC 35-43-5).
(7) Identity deception (IC 35-43-5-3.5).
(8) Synthetic identity deception (IC 35-43-5-3.8).
(9) Theft (IC 35-43-4-2).
(10) Criminal conversion (IC 35-43-4-3, before its repeal).
(11) Neglect of a dependent (IC 35-46-1-4).
(12) Human and sexual trafficking crimes (IC 35-42-3.5).
(c) As used in this section, "protected person" means:
(1) a child who is less than fourteen (14) years of age;
(2) an individual with a mental disability who has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(A) is manifested before the individual is eighteen (18) years of age;
(B) is likely to continue indefinitely;
(C) constitutes a substantial impairment of the individual's ability to function normally in society; and
(D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; or
(3) an individual who is:
(A) at least eighteen (18) years of age; and
(B) incapable by reason of mental illness, mental retardation, dementia, or other physical or mental incapacity of:
(i) managing or directing the management of the individual's property; or
(ii) providing or directing the provision of self-care.
(d) A statement or videotape that:
(1) is made by a person who at the time of trial is a protected
person;
(2) concerns an act that is a material element of an offense listed
in subsection (a) or (b) that was allegedly committed against the
person; and
(3) is not otherwise admissible in evidence;
is admissible in evidence in a criminal action for an offense listed in
subsection (a) or (b) if the requirements of subsection (e) are met.
(e) A statement or videotape described in subsection (d) is
admissible in evidence in a criminal action listed in subsection (a) or
(b) if, after notice to the defendant of a hearing and of the defendant's
right to be present, all of the following conditions are met:
(1) The court finds, in a hearing:
(A) conducted outside the presence of the jury; and
(B) attended by the protected person in person or by using
closed circuit television testimony as described in section 8(f)
and 8(g) of this chapter;
that the time, content, and circumstances of the statement or
videotape provide sufficient indications of reliability.
(2) The protected person:
(A) testifies at the trial; or
(B) is found by the court to be unavailable as a witness for one
(1) of the following reasons:
(i) From the testimony of a psychiatrist, physician, or
psychologist, and other evidence, if any, the court finds that
the protected person's testifying in the physical presence of
the defendant will cause the protected person to suffer
serious emotional distress such that the protected person
cannot reasonably communicate.
(ii) The protected person cannot participate in the trial for
medical reasons.
(iii) The court has determined that the protected person is
incapable of understanding the nature and obligation of an
oath.
(f) If a protected person is unavailable to testify at the trial for a
reason listed in subsection (e)(2)(B), a statement or videotape may be
admitted in evidence under this section only if the protected person was
available for cross-examination:
(1) at the hearing described in subsection (e)(1); or
(2) when the statement or videotape was made.
(g) A statement or videotape may not be admitted in evidence under
this section unless the prosecuting attorney informs the defendant and
the defendant's attorney at least ten (10) days before the trial of:
(1) the prosecuting attorney's intention to introduce the statement or videotape in evidence; and
(2) the content of the statement or videotape.
(h) If a statement or videotape is admitted in evidence under this section, the court shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement or videotape and that, in making that determination, the jury shall consider the following:
(1) The mental and physical age of the person making the statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape was made.
(4) Other relevant factors.
(i) If a statement or videotape described in subsection (d) is admitted into evidence under this section, a defendant may introduce a:
(1) transcript; or
(2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
(1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.
(2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.
(b) As used in this section:
(1) "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel, whether or not it has a natural entrance.
(2) "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
(3) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
(4) "Data" means a representation of information, facts, knowledge, concepts, or instructions that:
(A) may take any form, including computer printouts,
magnetic storage media, punched cards, or stored
memory;
(B) has been prepared or is being prepared; and
(C) has been processed, is being processed, or will be
processed;
in a computer system or computer network.
(5) "Owner" means the person who holds title to or is in
possession of the land on or under which a cave is located, or
the person's lessee or agent.
(6) "Scientific purposes" means exploration and research
conducted by persons affiliated with recognized scientific
organizations with the intent to advance knowledge and with
the intent to publish the results of the exploration or research
in an appropriate medium.
(a) (c) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces
property of another person without the other person's consent; or
(2) knowingly or intentionally causes another to suffer pecuniary
loss by deception or by an expression of intention to injure
another person or to damage the property or to impair the rights
of another person;
commits criminal mischief, a Class B misdemeanor. However, the
offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars
($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged contained data relating to a
person required to register as a sex or violent offender under
IC 11-8-8 and the person is not a sex or violent offender or
was not required to register as a sex or violent offender;
(iv) the property damaged was a locomotive, a railroad car,
a train, or equipment of a railroad company being operated
on a railroad right-of-way;
(v) the property damaged was a part of any railroad signal
system, train control system, centralized dispatching system,
or highway railroad grade crossing warning signal on a
railroad right-of-way owned, leased, or operated by a
railroad company;
(vi) the property damaged was any rail, switch, roadbed,
viaduct, bridge, trestle, culvert, or embankment on a
right-of-way owned, leased, or operated by a railroad
company; or
(vii) the property damage or defacement was caused by paint
or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or
impairment of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged contained data relating to a
person required to register as a sex or violent offender under
IC 11-8-8 and the person is a sex or violent offender or was
required to register as a sex or violent offender;
(v) the damage causes substantial interruption or impairment
of work conducted in a scientific research facility;
(vi) the damage is to a law enforcement animal (as defined
in IC 35-46-3-4.5); or
(vii) the damage causes substantial interruption or
impairment of work conducted in a food processing facility.
(b) (d) A person who recklessly, knowingly, or intentionally
damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the
property that is damaged, commits institutional criminal mischief, a
Class A misdemeanor. However, the offense is a Class D felony if the
pecuniary loss is at least two hundred fifty dollars ($250) but less than
two thousand five hundred dollars ($2,500), and a Class C felony if the
pecuniary loss is at least two thousand five hundred dollars ($2,500).
(e) A person who recklessly, knowingly, or intentionally:
(1) damages a cemetery, a burial ground (as defined in
IC 14-21-1-3), or a facility used for memorializing the dead;
(2) damages the grounds owned or rented by a cemetery or
facility used for memorializing the dead; or
(3) disturbs, defaces, or damages a cemetery monument, grave
marker, grave artifact, grave ornamentation, or cemetery
enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the
offense is a Class D felony if the pecuniary loss is at least two
thousand five hundred dollars ($2,500).
(f) A person who knowingly and without the express consent of
the cave owner:
(1) disfigures, destroys, or removes any stalagmite, stalactite,
or other naturally occurring mineral deposit or formation, or
archeological or paleontological artifact in a cave, for other
than scientific purposes;
(2) breaks any lock, gate, fence, or other structure designed to
control or prevent access to a cave;
(3) deposits trash, rubbish, chemicals, or other litter in a cave;
or
(4) destroys, injures, removes, or harasses any cave-dwelling
animal for other than scientific purposes;
commits cave mischief, a Class A misdemeanor.
(g) A person who knowingly or intentionally alters or damages
a computer program or data that comprises a part of a computer
system or computer network without the consent of the owner of
the computer system or computer network commits computer
tampering, a Class D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose
of terrorism; and
(2) Class B felony if the offense is committed for the purpose
of terrorism and results in serious bodily injury to a person.
(c) (h) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(d) (i) The court may rescind an order for suspension or invalidation
under subsection (c) (h) and allow the person to receive a license or
permit before the period of suspension or invalidation ends if the court
determines that:
(1) the person has removed or painted over the graffiti or has
made other suitable restitution; and
(2) the person who owns the property damaged or defaced by the
criminal mischief or institutional criminal mischief is satisfied
with the removal, painting, or other restitution performed by the
person.
(1) a Class B felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the building or structure is a:
(i) dwelling; or
(ii) structure used for religious worship; and
(2) a Class A felony if it results in:
(A) bodily injury; or
(B) serious bodily injury;
to any person other than a defendant.
theft, a Class D felony. Class A misdemeanor, except as provided in
subsections (b) and (c).
(b) However, the offense An offense under subsection (a) is a
Class D felony if:
(1) the fair market value of the property is at least seven
hundred fifty dollars ($750);
(2) the item stolen was a firearm;
(3) the person has a prior unrelated conviction for criminal
conversion (IC 35-43-4-3, before its repeal) or theft; or
(4) the:
(A) person acquires the property by lease;
(B) property is a motor vehicle;
(C) person signs a written agreement to return the
property to a specified location within a specified time; and
(D) person fails to return the property:
(i) not later than thirty (30) days after the specified time;
or
(ii) not later than three (3) days after a written demand
for return of the property is personally served on the
person or sent by registered mail to the person's address
that is provided by the person in the written agreement.
(c) An offense under subsection (a) is a Class C felony if:
(1) the fair market value of the property is at least one hundred
fifty thousand dollars ($100,000); ($50,000); or
(2) the property that is the subject of the theft is a valuable metal
(as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily
injury to a person.
(b) A person who knowingly or intentionally receives, retains, or
disposes of the property of another person that has been the subject of
theft commits receiving stolen property, a Class D felony. However, the
offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred
thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal
(as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily
injury to a person.
(1) borrows any article which belongs to or is in the care of any library, gallery, museum, collection, or exhibition;
(2) borrows the article under an agreement to return the article within a specified period of time; and
(3) fails to return the article within that specified period of time;
then the lender shall comply with subsection (b).
(b) If a person commits those acts specified in subsection (a), the lender shall:
(1) send written notification of the violation of the agreement to the borrower;
(2) attach a copy of this section to the notice;
(3) include in the notice a request for return of the article within fifteen (15) days of receipt of the notice; and
(4) mail the notice to the last known address of the borrower or deliver it to the borrower in person.
The lender shall send the notice required by this subsection by certified or registered mail, return receipt requested.
(c) If the borrower willfully or knowingly fails to return the article, or reimburse the lender for the value of the article, within thirty (30) days of receipt of the notice required in subsection (b),
(d) A person who commits an offense under this section may not be charged with an offense under section 2 or 3 (before its repeal) of this chapter for the same act.
(1) by operation of a motor vehicle to leave the premises of an
establishment at which gasoline or motor vehicle fuel is offered
for sale after the gasoline or motor vehicle fuel has been
dispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a credit card,
debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
(b) The court imposing a sentence for a violation under subsection
(a) shall issue an order to the bureau of motor vehicles:
(1) stating that the person has been convicted of an offense under
section 2 of this chapter or section 3 of this chapter (before its
repeal) involving the unauthorized taking of gasoline or motor
vehicle fuel; and
(2) ordering the suspension of the person's driving privileges
under IC 9-25-6-21.
The suspension of a person's driving privileges under this section is in
addition to other penalties prescribed by IC 35-50-3-2 for a Class A
misdemeanor or by IC 35-50-2-7 for a Class D felony. IC 35-50.
(1) makes or utters a written instrument in such a manner that it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
commits forgery, a
(c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48) or a state identification card (as issued under IC 9-24-16). A person who:
(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or a state identification card or for a renewal or a duplicate of a driver's license or a state identification card; or
(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license or a state identification card;
commits application fraud, a Class D felony.
(1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;
(2) knowingly or intentionally:
(A) makes a false or intentionally misleading written statement; or
(B) materially misrepresents:
(i) the identity of the person or another person;
(ii) a person as being a physician licensed under IC 25-22.5; or
(iii) the identity or quality of property;
with intent to obtain property, employment, or an educational opportunity;
(3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted;
(4) knowingly or intentionally, in the regular course of business, either:
(A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or
(B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity;
(5) with intent to defraud another person furnishing:
(A) electricity, gas, water, telecommunication, or any other utility service;
(B) cable service;
(C) Internet service; or
(D) any service provided by cable, the Internet, or another telecommunication service;
avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service;
commits deception, a Class A misdemeanor.
(b) A person who knowingly or intentionally falsely represents:
(1) any entity as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or 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; or
(2) 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 disadvantaged business enterprise (as defined in
IC 5-16-6.5-1) or a women owned enterprise (as defined in
IC 5-16-16.5-3) in order to qualify for certification as an
eligible bidder under a program conducted by a public agency
designed to assist disadvantaged business enterprises or
women owned enterprises in obtaining contracts with public
agencies for the provision of goods and services;
commits a business enterprise deception, a Class D felony.
(c) A person who knowingly or intentionally provides false
information to a governmental entity to obtain a contract from the
governmental entity commits a Class A misdemeanor. However,
the offense is a Class D felony if the provision of false information
results in financial loss to the governmental entity.
(b) (d) In determining whether an advertisement is false,
misleading, or deceptive under subsection (a)(9), (a)(8), there shall be
considered, among other things, not only representations contained or
suggested in the advertisement, by whatever means, including device
or sound, but also the extent to which the advertisement fails to reveal
material facts in the light of the representations.
(1) makes, utters, presents, or causes to be presented to an insurer or an insurance claimant, a claim statement that contains false, incomplete, or misleading information concerning the claim;
(2) presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, an oral, a written, or an electronic statement that the person knows to contain materially false information as part of, in support of, or concerning a fact that is material to:
(A) the rating of an insurance policy;
(B) a claim for payment or benefit under an insurance policy;
(C) premiums paid on an insurance policy;
(D) payments made in accordance with the terms of an insurance policy;
(E) an application for a certificate of authority;
(F) the financial condition of an insurer; or
(G) the acquisition of an insurer;
or conceals any information concerning a subject set forth in clauses (A) through (G);
(3) solicits or accepts new or renewal insurance risks by or for an insolvent insurer or other entity regulated under IC 27;
(4) removes:
(A) the assets;
(B) the record of assets, transactions, and affairs; or
(C) a material part of the assets or the record of assets, transactions, and affairs;
of an insurer or another entity regulated under IC 27, from the home office, other place of business, or place of safekeeping of the insurer or other regulated entity, or conceals or attempts to conceal from the department of insurance assets or records referred to in clauses (A) through (B); or
(5) diverts funds of an insurer or another person in connection with:
(A) the transaction of insurance or reinsurance;
(B) the conduct of business activities by an insurer or another entity regulated under IC 27; or
(C) the formation, acquisition, or dissolution of an insurer or another entity regulated under IC 27;
commits insurance fraud. Except as provided in subsection (b), insurance fraud is a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) the person who commits the offense has a prior unrelated conviction under this section; or
(2) the:
(A) value of property, services, or other benefits obtained or attempted to be obtained by the person as a result of the offense; or
(B) economic loss suffered by another person as a result of the offense;
is at least
(c) A person who knowingly and with intent to defraud makes a material misstatement in support of an application for the issuance of an insurance policy commits insurance application fraud, a Class A misdemeanor.
other property, knowing that it will not be paid or honored by the credit
institution upon presentment in the usual course of business, commits
check deception, a Class A misdemeanor. However, the offense is a
Class D felony if the amount of the check, draft, or order is at least two
thousand five hundred seven hundred fifty dollars ($2,500) and the
property acquired by the person was a motor vehicle. ($750).
(b) An unpaid and dishonored check, a draft, or an order that has the
drawee's refusal to pay and reason printed, stamped, or written on or
attached to it constitutes prima facie evidence:
(1) that due presentment of it was made to the drawee for payment
and dishonor thereof; and
(2) that it properly was dishonored for the reason stated.
(c) The fact that a person issued or delivered a check, a draft, or an
order, payment of which was refused by the drawee, constitutes prima
facie evidence that the person knew that it would not be paid or
honored. In addition, evidence that a person had insufficient funds in
or no account with a drawee credit institution constitutes prima facie
evidence that the person knew that the check, draft, or order would not
be paid or honored.
(d) The following two (2) items constitute prima facie evidence of
the identity of the maker of a check, draft, or order if at the time of its
acceptance they are obtained and recorded, either on the check, draft,
or order itself or on file, by the payee:
(1) Name and residence, business, or mailing address of the
maker.
(2) Motor vehicle operator's license number, Social Security
number, home telephone number, or place of employment of the
maker.
(e) It is a defense under subsection (a) if a person who:
(1) has an account with a credit institution but does not have
sufficient funds in that account; and
(2) issues or delivers a check, a draft, or an order for payment on
that credit institution;
pays the payee or holder the amount due, together with protest fees and
any service fee or charge, which may not exceed the greater of
twenty-seven dollars and fifty cents ($27.50) or five percent (5%) (but
not more than two hundred fifty dollars ($250)) of the amount due, that
may be charged by the payee or holder, within ten (10) days after the
date of mailing by the payee or holder of notice to the person that the
check, draft, or order has not been paid by the credit institution. Notice
sent in the manner set forth in IC 26-2-7-3 constitutes notice to the
person that the check, draft, or order has not been paid by the credit
institution. The payee or holder of a check, draft, or order that has been
dishonored incurs no civil or criminal liability for sending notice under
this subsection.
(f) A person does not commit a crime under subsection (a) when:
(1) the payee or holder knows that the person has insufficient
funds to ensure payment or that the check, draft, or order is
postdated; or
(2) insufficiency of funds or credit results from an adjustment to
the person's account by the credit institution without notice to the
person.
(1) obtains public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement,
(2) acquires, possesses, uses, transfers, sells, trades, issues, or disposes of:
(A) an authorization document to obtain public relief or assistance; or
(B) public relief or assistance;
except as authorized by law;
(3) uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;
(4) counterfeits or alters an authorization document to receive public relief or assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public relief or assistance; or
(5) conceals information for the purpose of receiving public relief or assistance to which
commits welfare fraud, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is:
(1) a Class D felony if
and
(2) a Class C felony if the amount of public relief or assistance
involved is two thousand five hundred dollars ($2,500) or more,
regardless of whether the person has a prior conviction of welfare
fraud under this section. at least fifty thousand dollars
($50,000).
(c) Whenever a person is convicted of welfare fraud under this
section, the clerk of the sentencing court shall certify to the appropriate
state agency and the appropriate agency of the county of the defendant's
residence:
(1) his the person's conviction; and
(2) whether the defendant is placed on probation and restitution
is ordered under IC 35-38-2.
(1) files a Medicaid claim, including an electronic claim, in violation of IC 12-15;
(2) obtains payment from the Medicaid program under IC 12-15 by means of a false or misleading oral or written statement or other fraudulent means;
(3) acquires a provider number under the Medicaid program except as authorized by law;
(4) alters with the intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1000.30) that are required to be kept under the Medicaid program; or
(5) conceals information for the purpose of applying for or receiving unauthorized payments from the Medicaid program;
commits Medicaid fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least
(1) files a children's health insurance program claim, including an electronic claim, in violation of IC 12-17.6;
(2) obtains payment from the children's health insurance program under IC 12-17.6 by means of a false or misleading oral or written statement or other fraudulent means;
(3) acquires a provider number under the children's health
insurance program except as authorized by law;
(4) alters with intent to defraud or falsifies documents or records
of a provider (as defined in 42 CFR 1002.301) that are required
to be kept under the children's health insurance program; or
(5) conceals information for the purpose of applying for or
receiving unauthorized payments from the children's health
insurance program;
commits insurance fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if the
fair market value of the offense is at least one hundred thousand dollars
($100,000). fifty thousand dollars ($50,000).
(1) to defraud a state or federally chartered or federally insured financial institution; or
(2) to obtain any of the money, funds, credits, assets, securities, or other property owned by or under the custody or control of a state or federally chartered or federally insured financial institution by means of false or fraudulent pretenses, representations, or promises;
commits bank fraud, a
(b) As used in this section, the term "state or federally chartered or federally insured financial institution" means:
(1) an institution with accounts insured by the Federal Deposit Insurance Corporation;
(2) a credit union with accounts insured by the National Credit Union Administration Board;
(3) a federal home loan bank or a member, as defined in Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in effect on December 31, 1990, of the Federal Home Loan Bank System; or
(4) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States or of the state.
The term does not include a lender licensed under IC 24-4.5.
2012]. Sec. 9. (a) A person who knowingly or intentionally falsely
represents any entity as a disadvantaged business enterprise (as defined
in IC 5-16-6.5-1) or 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 commits a Class D
felony.
(b) A person who knowingly or intentionally falsely represents 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 disadvantaged
business enterprise (as defined in IC 5-16-6.5-1) or a women owned
enterprise (as defined in IC 5-16-16.5-3) in order to qualify for
certification as an eligible bidder under a program conducted by a
public agency designed to assist disadvantaged business enterprises or
women owned enterprises in obtaining contracts with public agencies
for the provision of goods and services commits a Class D felony.
(b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:
(1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:
(A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon presentment in the usual course of business;
(B) using false or altered evidence of identity or residence;
(C) using a false or an altered account number; or
(D) using a false or an altered check, draft, order, or electronic instrument;
(2) by:
(A) depositing the minimum initial deposit required to open an account; and
(B) either making no additional deposits or making insufficient additional deposits to insure debits to the account; or
(3) by opening accounts with more than one (1) financial institution in either a consecutive or concurrent time period;
commits check fraud, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this section or the aggregate amount of property obtained is at least
(1) device; or
(2) substance;
designed or intended to be used to interfere with a drug or alcohol screening test commits possession of a device or substance used to interfere with a drug or alcohol screening test, a Class B misdemeanor.
(b) A person who interferes with or attempts to interfere with a drug or alcohol screening test by:
(1) using a:
(A) device; or
(B) substance;
(2) substituting a human bodily substance that is tested in a drug or alcohol screening test; or
(3) adulterating a substance used in a drug or alcohol screening test;
commits interfering with a drug or alcohol screening test, a Class B misdemeanor.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 20. (a) As used in this section, "inmate" means a
person who is confined in:
(1) the custody of:
(A) the department of correction; or
(B) a sheriff;
(2) a county jail; or
(3) a secure juvenile facility.
(b) An inmate in pretrial status who, with the intent of obtaining
money or other property from a person who is not an inmate, knowingly
or intentionally:
(1) makes a misrepresentation to a person who is not an inmate
and obtains or attempts to obtain money or other property from
the person who is not an inmate; or
(2) obtains or attempts to obtain money or other property from the
person who is not an inmate through a misrepresentation made by
another person;
commits inmate fraud, a Class C Class D felony. However, the offense
is a Class C felony if the inmate is serving the sentence for a crime
of which the inmate has been convicted, or if the value of the
property that was the subject of the fraud was at least fifty
thousand dollars ($50,000).
