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(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;
(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.
Version 2 (as amended by P.L.158-2013)
(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 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;
(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.
35-43-5-3.6. Terroristic deception.
A person who knowingly or intentionally
obtains, possesses, transfers, or uses the identifying
information of another person with intent to:
