Introduced Version
HOUSE BILL No. 1049
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-43-5-4.
Synopsis: Crimes involving fraud. Increases the penalty for fraud to
a Level 4 felony if the pecuniary loss is at least $100,000 or if the
pecuniary loss is at least $50,000 and the victim is an endangered adult
or less than 18 years of age.
Effective: July 1, 2024.
Zimmerman, Pierce K
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1049—LS 6223/DI 151 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1049
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-43-5-4, AS AMENDED BY P.L.174-2021,
2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) A person who:
4 (1) with the intent to obtain property or data, or an educational,
5 governmental, or employment benefit to which the person is not
6 entitled, knowingly or intentionally:
7 (A) makes a false or misleading statement; or
8 (B) creates a false impression in another person;
9 (2) with the intent to cause another person to obtain property,
10 knowingly or intentionally:
11 (A) makes a false or misleading statement;
12 (B) creates a false impression in a third person; or
13 (C) causes to be presented a claim that:
14 (i) contains a false or misleading statement; or
15 (ii) creates a false or misleading impression in a third
16 person;
17 (3) possesses, manufactures, uses, or alters a document,
2024 IN 1049—LS 6223/DI 151 2
1 instrument, computer program, or device with the intent to obtain:
2 (A) property;
3 (B) data; or
4 (C) an educational, governmental, or employment benefit;
5 to which the person is not entitled; or
6 (4) knowingly or intentionally engages in a scheme or artifice to
7 commit an offense described in subdivisions (1) through (3);
8 commits fraud, a Class A misdemeanor except as otherwise provided
9 in this section.
10 (b) The offense described in subsection (a) is a Level 6 felony if one
11 (1) or more of the following apply:
12 (1) The offense is committed not later than seven (7) years from
13 the date the person:
14 (A) was convicted of a prior unrelated conviction for an
15 offense under this article; or
16 (B) was released from a term of incarceration, probation, or
17 parole (whichever occurred last) imposed for a prior unrelated
18 conviction for an offense under this article;
19 whichever occurred last.
20 (2) The pecuniary loss is at least seven hundred fifty dollars
21 ($750) but less than fifty thousand dollars ($50,000).
22 (3) The victim is:
23 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
24 (B) less than eighteen (18) years of age.
25 (4) The person makes a false or misleading statement representing
26 an entity as:
27 (A) a disadvantaged business enterprise (as defined in
28 IC 5-16-6.5-1); or
29 (B) a women-owned business enterprise (as defined in
30 IC 5-16-6.5-3);
31 in order to qualify for certification as such an enterprise under a
32 program conducted by a public agency (as defined in
33 IC 5-16-6.5-2) designed to assist disadvantaged business
34 enterprises or women-owned business enterprises in obtaining
35 contracts with public agencies for the provision of goods and
36 services.
37 (5) The person makes a false or misleading statement representing
38 an entity with which the person will subcontract all or part of a
39 contract with a public agency (as defined in IC 5-16-6.5-2) as:
40 (A) a disadvantaged business enterprise (as defined in
41 IC 5-16-6.5-1); or
42 (B) a women-owned business enterprise (as defined in
2024 IN 1049—LS 6223/DI 151 3
1 IC 5-16-6.5-3);
2 in order to qualify for certification as an eligible bidder under a
3 program that is conducted by a public agency designed to assist
4 disadvantaged business enterprises or women-owned business
5 enterprises in obtaining contracts with public agencies for the
6 provision of goods and services.
7 (6) The offense is committed by a person who is confined in:
8 (A) the department of correction;
9 (B) a county jail; or
10 (C) a secure juvenile facility.
11 (7) The document or instrument that the person possesses,
12 manufactures, uses, or alters is a document or instrument:
13 (A) issued by a public servant or a governmental entity;
14 (B) that has been manufactured or altered to appear to have
15 been issued by a public servant or a governmental entity; or
16 (C) that the person tendered to, or intends to tender to a public
17 servant or a governmental entity.
18 (8) Except as provided in subsection (d), (e), the person:
19 (A) made the false or misleading statement; or
20 (B) created the false impression in another person;
21 on or by means of a document or written instrument.
22 (9) The agreement is unconscionable.
23 (10) The offense involves human reproductive material (as
24 defined in IC 34-24-5-1).
25 (c) The offense described in subsection (a) is a Level 5 felony if one
26 (1) or more of the following apply:
27 (1) The pecuniary loss is at least fifty thousand dollars ($50,000)
28 and less than one hundred thousand dollars ($100,000).
29 (2) The pecuniary loss is at least seven hundred fifty dollars
30 ($750) and the victim is:
31 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
32 (B) less than eighteen (18) years of age.
33 (3) The victim was a financial institution.
34 (d) The offense described in subsection (a) is a Level 4 felony if
35 one (1) or more of the following apply:
36 (1) The pecuniary loss is at least one hundred thousand
37 dollars ($100,000).
38 (2) The pecuniary loss is at least fifty thousand dollars
39 ($50,000) and the victim is:
40 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
41 (B) less than eighteen (18) years of age.
42 (d) (e) The offense described in subsection (b)(9) (b)(8) is a Class
2024 IN 1049—LS 6223/DI 151 4
1 A misdemeanor if the defendant proves by a preponderance of the
2 evidence that the:
3 (1) value of the property, data, or benefit intended to be obtained;
4 and
5 (2) actual pecuniary loss;
6 is less than seven hundred fifty dollars ($750).
2024 IN 1049—LS 6223/DI 151