Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-1-5

Sec. 5 . (a) As used in this section, “pecuniary interest” has the meaning set forth in section 4(a)(3) of this chapter.

(b) A person who knowingly or intentionally:

(1) obtains a pecuniary interest in a contract or purchase with an agency within one (1) year after separation from employment or other service with the agency;  and

(2) is not a public servant for the agency but who as a public servant approved, negotiated, or prepared on behalf of the agency the terms or specifications of:

(A) the contract;  or

(B) the purchase;

commits profiteering from public service, a Level 6 felony.

(c) This section does not apply to negotiations or other activities related to an economic development grant, loan, or loan guarantee.

(d) This section does not apply if the person receives less than two hundred fifty dollars ($250) of the profits from the contract or purchase.

(e) It is a defense to a prosecution under this section that:

(1) the person was screened from any participation in the contract or purchase;

(2) the person has not received a part of the profits of the contract or purchase;  and

(3) notice was promptly given to the agency of the person's interest in the contract or purchase.


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