CRIMINAL LAWAND PROCEDURE
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of a slug;
(9)disseminates to the public an adver-
tisement that the person knows is false,
misleading, or deceptive, with intent to
promote the purchase or sale of property
or the acceptance of employment;
(10) with the intent to defraud, misrepre-
sents a person as being a physician licensed
under IC 25-22.5;
(11) knowingly and intentionally defrauds
another person furnishing cable TV serv-
ice by avoiding paying compensation for
that service by any scheme or device or by
tampering with facilities or equipment of
the person furnishing the service; or
(12) knowingly or intentionally provides
false information to a governmental entity
to obtain a contract from the governmen-
tal entity;
commits deception, a Class A misdemeanor.
However, an offense under subdivision (12) is a
Level 6 felony if the provision of false informa-
tion results in financial loss to the governmental
entity.
(b) In determining whether an advertisement
is false, misleading, or deceptive under subsection
(a)(9), there shall be considered, among other
things, not only representations contained or sug-
gested 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.
(c) A person who knowingly or intentionally
falsely represents:
(1) any entity as:
(A) a disadvantaged business enter-
prise (as defined in IC 5-16-6.5-1); or
(B) a women-owned business enter-
prise (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 pub-
lic 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) a disadvantaged business enter-
prise (as defined in IC 5-16-6.5-1); or
(B) a woman-owned enterprise (as
defined in IC 5-16-16.5-3);
in order to qualify for certification as an eligible
bidder under a program that is conducted by a pub-
lic agency designed to assist disadvantaged busi-
ness enterprises or women-owned business
enterprises in obtaining contracts with public
agencies for the provision of goods and services;
commits a Level 6 felony.
35-43-5-3.5. Identity deception.
Editor’s Note:
This statute was separately
amended during the 2013 legislative session by
P.L.20-2013 and P.L.158-2013, with neither act
referring to the other. There were no further
amendments to this statute during the 2014 leg-
islative session. Because the 2013 amendments
to this statute were not identical, this statute is set
forth below as amended by each act.
Version 1 (as amended by P.L.20-2103)
(a) Except as provided in subsection (c), a
person who knowingly or intentionally obtains,
possesses, transfers, or uses the identifying infor-
mation of another person, including the identify-
ing 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 Class D felony.
(b) However, the offense defined in subsection
(a) is a Class C 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:
