Indiana Code Title 35. Criminal Law and Procedure § 35-43-5-1

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Sec. 1. (a) The definitions set forth in this section apply throughout this chapter.

(b) “Claim statement” means an insurance policy, a document, or a statement made in support of or in opposition to a claim for payment or other benefit under an insurance policy, or other evidence of expense, injury, or loss.  The term includes statements made orally, in writing, or electronically, including the following:

(1) An account.

(2) A bill for services.

(3) A bill of lading.

(4) A claim.

(5) A diagnosis.

(6) An estimate of property damages.

(7) A hospital record.

(8) An invoice.

(9) A notice.

(10) A proof of loss.

(11) A receipt for payment.

(12) A physician's records.

(13) A prescription.

(14) A statement.

(15) A test result.

(16) X-rays.

(c) “Coin machine” means a coin box, vending machine, or other mechanical or electronic device or receptacle designed:

(1) to receive a coin, bill, or token made for that purpose;  and

(2) in return for the insertion or deposit of a coin, bill, or token automatically:

(A) to offer, provide, or assist in providing;  or

(B) to permit the acquisition of;

some property.

(d) “Credit card” means an instrument or device (whether known as a credit card or charge plate, or by any other name) issued by an issuer for use by or on behalf of the credit card holder in obtaining property.

(e) “Credit card holder” means the person to whom or for whose benefit the credit card is issued by an issuer.

(f) “Customer” means a person who receives or has contracted for a utility service.

(g) “Drug or alcohol screening test” means a test that:

(1) is used to determine the presence or use of alcohol, a controlled substance, or a drug in a person's bodily substance;  and

(2) is:

(A) administered in the course of monitoring a person who is:

(i) incarcerated in a prison or jail;

(ii) placed in a community corrections program;

(iii) on probation or parole;

(iv) participating in a court ordered alcohol or drug treatment program;  or

(v) on court ordered pretrial release;  or

(B) ordered by a court as part of a civil action.

(h) “Entrusted” means held in a fiduciary capacity or placed in charge of a person engaged in the business of transporting, storing, lending on, or otherwise holding property of others.

(i) “Identifying information” means information that identifies a person, including a person's:

(1) name, address, date of birth, place of employment, employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity;

(2) unique biometric data, including the person's fingerprint, voice print, or retina or iris image;

(3) unique electronic identification number, address, or routing code;

(4) telecommunication identifying information;  or

(5) telecommunication access device, including a card, a plate, a code, a telephone number, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access that may be used to:

(A) obtain money, goods, services, or any other thing of value;  or

(B) initiate a transfer of funds.

(j) “Insurance policy” includes the following:

(1) An insurance policy.

(2) A contract with a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-1-27).

(3) A written agreement entered into under IC 27-1-25.

(k) “Insurer” has the meaning set forth in IC 27-1-2-3(x).  The term also includes the following:

(1) A reinsurer.

(2) A purported insurer or reinsurer.

(3) A broker.

(4) An agent of an insurer, a reinsurer, a purported insurer or reinsurer, or a broker.

(5) A health maintenance organization.

(6) A limited service health maintenance organization.

(l) “Manufacturer” means a person who manufactures a recording.  The term does not include a person who manufactures a medium upon which sounds or visual images can be recorded or stored.

(m) “Make” means to draw, prepare, complete, counterfeit, copy or otherwise reproduce, or alter any written instrument in whole or in part.

(n) “Metering device” means a mechanism or system used by a utility to measure or record the quantity of services received by a customer.

(o) “Public relief or assistance” means any payment made, service rendered, hospitalization provided, or other benefit extended to a person by a governmental entity from public funds and includes township assistance, food stamps, direct relief, unemployment compensation, and any other form of support or aid.

(p) “Recording” means a tangible medium upon which sounds or visual images are recorded or stored.  The term includes the following:

(1) An original:

(A) phonograph record;

(B) compact disc;

(C) wire;

(D) tape;

(E) audio cassette;

(F) video cassette;  or

(G) film.

(2) Any other medium on which sounds or visual images are or can be recorded or otherwise stored.

(3) A copy or reproduction of an item in subdivision (1) or (2) that duplicates an original recording in whole or in part.

(q) “Slug” means an article or object that is capable of being deposited in a coin machine as an improper substitute for a genuine coin, bill, or token.

(r) “Synthetic identifying information” means identifying information that identifies:

(1) a false or fictitious person;

(2) a person other than the person who is using the information;  or

(3) a combination of persons described under subdivisions (1) and (2).

(s) “Utility” means a person who owns or operates, for public use, any plant, equipment, property, franchise, or license for the production, storage, transmission, sale, or delivery of electricity, water, steam, telecommunications, information, or gas.

(t) “Written instrument” means a paper, a document, or other instrument containing written matter and includes money, coins, tokens, stamps, seals, credit cards, badges, trademarks, medals, retail sales receipts, labels or markings (including a universal product code (UPC) or another product identification code), or other objects or symbols of value, right, privilege, or identification.

Cite this article: - Indiana Code Title 35. Criminal Law and Procedure § 35-43-5-1 - last updated June 08, 2021 |

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