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subsection (b), insurance fraud is a Level 6 felony.
(b) An offense described in subsection (a) is
a Level 5 felony if:
(1) the person who commits the offense
has a prior unrelated conviction under this
section; or
(2) the:
(A) value of property, services, or other
benefits obtained or attempted to be
obtained by the person as a result of the
offense; or
(B) economic loss suffered by another
person as a result of the offense;
is at least two thousand five hundred dol-
lars ($2,500).
(c) A person who knowingly and with intent
to defraud makes a material misstatement in sup-
port of an application for the issuance of an insur-
ance policy commits insurance application fraud,
a Class A misdemeanor.
35-43-5-6. Manipulation device.
(a) The following definitions apply through-
out this section:
(1) “Automated sales suppression device”
means a software program:
(A) carried on a memory stick or
removable compact disc;
(B) accessed through an Internet link;
or
(C) accessed through any other means;
that falsifies the electronic records of elec-
tronic cash registers and other point-of-
sale systems, including transaction data
and transaction reports.
(2) “Electronic cash register” means a
device that keeps a register or supporting
documents through the means of an elec-
tronic device or a computer system
designed to record transaction data for the
purpose of computing, compiling, or pro-
cessing retail sales transaction data in any
manner.
(3) “Phantom-ware” means a hidden, a
pre-installed, or an installed at a later time
programming option embedded in the
operating system of an electronic cash reg-
ister or hardwired into the electronic cash
register that:
(A) can be used to create a virtual sec-
ond till; or
(B) may eliminate or manipulate trans-
action records that may or may not be
preserved in digital formats to represent
the true or manipulated record of trans-
actions in the electronic cash register.
(4) “Transaction data” includes informa-
tion regarding:
(A) items purchased by a customer;
(B) the price for each item;
(C) the taxability determination for
each item;
(D) a segregated tax amount for each
of the taxed items;
(E) the amount of cash or credit ten-
dered;
(F) the net amount returned to the cus-
tomer in change;
(G) the date and time of the purchase;
(H) the name, address, and identifica-
tion number of the vendor; and
(I) the receipt or invoice number of
the transaction.
(5) “Transaction report” means:
(A) a report that includes:
(i) the sales;
(ii) taxes collected;
(iii) media totals; and
(iv) discount voids;
at an electronic cash register that is
printed on cash register tape at the end
of a day or shift; or
(B) a report documenting every action
at an electronic cash register that is
stored electronically.
(6) “Zapper” refers to an automated sales
suppression device.
(b) A person who knowingly or intentionally
sells, purchases, installs, transfers, or possesses:
(1) an automated sales suppression device
or a zapper; or
(2) phantom-ware;
after June 30, 2013, commits unlawful sale or
possession of a transaction manipulation device,
a Level 5 felony.
35-43-5-5. Check deception.
(a) A person who knowingly or intentionally
issues or delivers a check, a draft, or an order on
