(a) Except as provided in subsection (c),a person who, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to 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 identifying information 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 identifying information to acquire:(A) a cigarette, an who uses identifying information 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 identifying information 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 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.As added by P.L.180-2001, SEC.2. Amended by P.L.22-2003, SEC.2; P.L.125-2006, SEC.9; P.L.137-2009, SEC.14; P.L.20-2013, SEC.3; P.L.158-2013, SEC.471; P.L.174-2021, SEC.46.
Indiana Legal Code