Ind. Code § 35-43-5-4 : CRIMINAL LAW AND PROCEDURE — OFFENSES AGAINST PROPERTY — FORGERY, FRAUD, AND OTHER DECEPTIONS —43-5-4 - 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:

(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 (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).

IC 35-43-5-4

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.