First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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SENATE ENROLLED ACT No. 320
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-43-5-1, AS AMENDED BY P.L.180-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Claim statement" means an insurance policy, a document, or a
statement made in support of or in opposition to a claim for payment
or other benefit under an insurance policy, or other evidence of
expense, injury, or loss. The term includes statements made orally, in
writing, or as a computer generated document, including the following:
(1) An account.
(2) A bill for services.
(3) A bill of lading.
(4) A claim.
(5) A diagnosis.
(6) An estimate of property damages.
(7) A hospital record.
(8) An invoice.
(9) A notice.
(10) A proof of loss.
(11) A receipt for payment.
(12) A physician's records.
(13) A prescription.
(14) A statement.
(15) A test result.
(16) X-rays.
(c) "Coin machine" means a coin box, vending machine, or other
mechanical or electronic device or receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) in return for the insertion or deposit of a coin, bill, or token
automatically:
(A) to offer, provide, or assist in providing; or
(B) to permit the acquisition of;
some property.
(d) "Credit card" means an instrument or device (whether known as
a credit card or charge plate, or by any other name) issued by an issuer
for use by or on behalf of the credit card holder in obtaining property.
(e) "Credit card holder" means the person to whom or for whose
benefit the credit card is issued by an issuer.
(f) "Customer" means a person who receives or has contracted for
a utility service.
(g) "Entrusted" means held in a fiduciary capacity or placed in
charge of a person engaged in the business of transporting, storing,
lending on, or otherwise holding property of others.
(h) "Identifying information" means information that identifies an
individual, including an individual's:
(1) name,
address, date of birth,
place of employment, employer
identification number, mother's maiden name, Social Security
number, or any identification number issued by a governmental
entity;
(2) unique biometric data, including the individual's fingerprint,
voice print, or retina or iris image;
(3) unique electronic identification number, address, or routing
code;
(4) telecommunication identifying information; or
(5) telecommunication access device, including a card,
a plate,
a
code,
a telephone number, an account number,
a personal
identification number,
an electronic serial number,
a mobile
identification number, or
other another telecommunications
service or device or means of account access that may be used to:
(A) obtain money, goods, services, or any other thing of value;
or
(B) initiate a transfer of funds.
(i) "Insurance policy" includes the following:
(1) An insurance policy.
(2) A contract with a health maintenance organization (as defined
in IC 27-13-1-19).
(3) An administrator contract entered into under IC 27-1-25.
(j) "Insurer" has the meaning set forth in IC 27-1-2-3(x).
(k) "Manufacturer" means a person who manufactures a recording.
The term does not include a person who manufactures a medium upon
which sounds or visual images can be recorded or stored.
(l) "Make" means to draw, prepare, complete, counterfeit, copy or
otherwise reproduce, or alter any written instrument in whole or in part.
(m) "Metering device" means a mechanism or system used by a
utility to measure or record the quantity of services received by a
customer.
(n) "Public relief or assistance" means any payment made, service
rendered, hospitalization provided, or other benefit extended to a
person by a governmental entity from public funds and includes poor
relief, food stamps, direct relief, unemployment compensation, and any
other form of support or aid.
(o) "Recording" means a tangible medium upon which sounds or
visual images are recorded or stored. The term includes the following:
(1) An original:
(A) phonograph record;
(B) compact disc;
(C) wire;
(D) tape;
(E) audio cassette;
(F) video cassette; or
(G) film.
(2) Any other medium on which sounds or visual images are or
can be recorded or otherwise stored.
(3) A copy or reproduction of an item in subdivision (1) or (2)
that duplicates an original recording in whole or in part.
(p) "Slug" means an article or object that is capable of being
deposited in a coin machine as an improper substitute for a genuine
coin, bill, or token.
(q) "Utility" means a person who owns or operates, for public use,
any plant, equipment, property, franchise, or license for the production,
storage, transmission, sale, or delivery of electricity, water, steam,
telecommunications, information, or gas.
(r) "Written instrument" means a paper,
a document, or other
instrument containing written matter and includes money, coins,
tokens, stamps, seals, credit cards, badges, trademarks, medals, retail
sales receipts, labels or markings (including a universal product code
(UPC) or another product identification code), or other objects or
symbols of value, right, privilege, or identification.
SECTION 2. IC 35-43-5-3.5, AS ADDED BY P.L.180-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3.5. (a) Except as provided in subsection (b), a
person who knowingly or intentionally obtains, possesses, transfers, or
uses the identifying information of another person:
(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) The conduct prohibited in subsection (a) 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 or 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 the identifying information for a lawful
purpose.
(c) It is not a defense in a prosecution under subsection (a) that no
person was harmed or defrauded.
SECTION 3. IC 35-38-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 2.5. (a) As used in this section, "crime of deception"
means any offense in which a person assumes the identity of
another person, professes to be another person, uses the identifying
information of another person, or falsely suggests that the person
is acting with the authority of another person. The term includes
an offense under IC 35-43-5.
(b) This section applies to an offender who has been convicted
of a crime of deception.
(c) During or after the sentencing of a person convicted of a
crime of deception, the court may, upon motion by the state or
upon application by a victim or a victim's representative, issue an
order:
(1) describing the person whose credit history may be affected
by the offender's crime of deception, with sufficient
identifying information to assist another person in correcting
the credit history; and
(2) stating that the person described in subdivision (1) was the
victim of a crime of deception that may have affected the
person's credit history.
(d) The order described in subsection (c) may be used to correct
the credit history of any person described in the order.
SECTION 4. [EFFECTIVE JULY 1, 2003] IC 35-43-5-1 and
IC 35-43-5-3.5, both as amended by this act, apply only to crimes
committed after June 30, 2003.