Indiana Code Title 35. Criminal Law and Procedure § 35-43-5-3.5

Sec. 3.5 . (a) Except as provided in subsection (c), a person who knowingly or intentionally obtains, possesses, transfers, or uses 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:

(A) harm or defraud another person;

(B) assume another person's identity;  or

(C) profess to be another person;

commits identity deception, a Level 6 felony.

(b) However, the offense defined in subsection (a) is a Level 5 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, an electronic cigarette (as defined in IC 35-46-1-1.5 ), or a 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 subsection (a) or (b) that no person was harmed or defrauded.


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