Introduced Version






HOUSE BILL No. 1159

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-5.

Synopsis: Identity deception. Makes it identity deception, a Class D felony, for a person to obtain, possess, transfer, or use the identifying information of another person, including the identifying information of a person who is deceased: (1) without the other person's consent; and (2) with intent to intimidate or threaten another person. Makes it synthetic identity deception, a Class D felony, for a person to obtain, possess, transfer, or use synthetic identifying information with intent to intimidate or threaten another person.

Effective: July 1, 2012.





Battles




    January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 117th General Assembly (2012)


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.
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HOUSE BILL No. 1159



    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:

SOURCE: IC 35-43-5-3.5; (12)IN1159.1.1. -->     SECTION 1. IC 35-43-5-3.5, AS AMENDED BY P.L.137-2009, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. (a) Except as provided in subsection (c), a person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person, including the identifying information of a person who is deceased:
        (1) without the other person's consent; and
        (2) with intent to:
            (A) harm, or defraud, intimidate, or threaten another person;
            (B) assume another person's identity; or
            (C) profess to be another person;
commits identity deception, a Class D felony.
    (b) However, the offense defined in subsection (a) is a Class C 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 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.
    (d) It is not a defense in a prosecution under:
         (1) subsection (a) or (b) that no person was harmed, or defrauded, intimidated, or threatened; and
        (2) subsection (b) that no person was harmed or defrauded.

SOURCE: IC 35-43-5-3.8; (12)IN1159.1.2. -->     SECTION 2. IC 35-43-5-3.8, AS ADDED BY P.L.137-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.8. (a) A person who knowingly or intentionally obtains, possesses, transfers, or uses the synthetic identifying information:
        (1) with intent to harm, or defraud, intimidate, or threaten another person;
        (2) with intent to assume another person's identity; or
        (3) with intent to profess to be another person;
commits synthetic identity deception, a Class D felony.
    (b) The offense under subsection (a) is a Class C felony if:
        (1) a person obtains, possesses, transfers, or uses the synthetic identifying information of more than one hundred (100) persons; or
        (2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000).
    (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 synthetic identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5); or
        (2) a minor (as defined in IC 35-49-1-4) who uses the synthetic 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 on 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.
    (d) It is not a defense in a prosecution under:
         (1) subsection (a) or (b) that no person was harmed, or defrauded, intimidated, or threatened; and
        (2) subsection (b) that no person was harmed or defrauded.