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IC 35-44-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The amendments made to section 1 of this chapter by
P.L.222-2005 apply only to crimes committed after June 30,
2005.
(2) The amendments made to sections 2 and 7 of this chapter by
P.L.222-2005 apply only to crimes committed after May 11,
2005.
(3) The amendments made to section 5 of this chapter by
P.L.69-2007 apply to offenses committed after June 30, 2007.
As added by P.L.220-2011, SEC.600.
IC 35-44-1-1
Bribery
Sec. 1. (a) A person who:
(1) confers, offers, or agrees to confer on a public servant,
either before or after the public servant becomes appointed,
elected, or qualified, any property except property the public
servant is authorized by law to accept, with intent to control the
performance of an act related to the employment or function of
the public servant or because of any official act performed or to
be performed by the public servant, former public servant, or
person selected to be a public servant;
(2) being a public servant, solicits, accepts, or agrees to accept,
either before or after the person becomes appointed, elected, or
qualified, any property, except property the person is authorized
by law to accept, with intent to control the performance of an
act related to the person's employment or function as a public
servant;
(3) confers, offers, or agrees to confer on a person any property,
except property the person is authorized by law to accept, with
intent to cause that person to control the performance of an act
related to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property the person is authorized by law to accept, with intent
to control the performance of an act related to the employment
or function of a public servant;
(5) confers, offers, or agrees to confer any property on a person
participating or officiating in, or connected with, an athletic
contest, sporting event, or exhibition, with intent that the person
will fail to use the person's best efforts in connection with that
contest, event, or exhibition;
(6) being a person participating or officiating in, or connected
with, an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that the
person will fail to use the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any property,
with intent to:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from the proceeding or investigation
to which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a witness
or informant in an official proceeding or investigation, with
intent that the witness or informant:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the witness or informant
to testify or supply evidence; or
(C) absent himself or herself from any proceeding or
investigation to which the witness or informant has been
legally summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2 or at a convention of a
political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused person
sought to control was not qualified to act in the desired way.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.53; P.L.103-2005, SEC.41; P.L.222-2005, SEC.47;
P.L.1-2006, SEC.532.
IC 35-44-1-2
Official misconduct
Sec. 2. A public servant who knowingly or intentionally:
(1) commits an offense in the performance of the public
servant's official duties;
(2) solicits, accepts, or agrees to accept from an appointee or
employee any property other than what the public servant is
authorized by law to accept as a condition of continued
employment;
(3) acquires or divests himself or herself of a pecuniary interest
in any property, transaction, or enterprise or aids another person
to do so based on information obtained by virtue of the public
servant's office that official action that has not been made
public is contemplated; or
(4) fails to deliver public records and property in the public
servant's custody to the public servant's successor in office
when that successor qualifies;
commits official misconduct, a Class D felony.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.54; Acts 1980, P.L.73, SEC.2; P.L.34-1992, SEC.2;
P.L.222-2005, SEC.48; P.L.102-2011, SEC.1.
IC 35-44-1-3
Conflict of interest
Sec. 3. (a) The following definitions apply throughout this
section:
(1) "Dependent" means any of the following:
(A) The spouse of a public servant.
(B) A child, stepchild, or adoptee (as defined in IC 31-9-2-2)
of a public servant who is:
(i) unemancipated; and
(ii) less than eighteen (18) years of age.
(C) An individual more than one-half (1/2) of whose support
is provided during a year by the public servant.
(2) "Governmental entity served by the public servant" means
the immediate governmental entity being served by a public
servant.
(3) "Pecuniary interest" means an interest in a contract or
purchase if the contract or purchase will result or is intended to
result in an ascertainable increase in the income or net worth of:
(A) the public servant; or
(B) a dependent of the public servant who:
(i) is under the direct or indirect administrative control of
the public servant; or
(ii) receives a contract or purchase order that is reviewed,
approved, or directly or indirectly administered by the
public servant.
(b) A public servant who knowingly or intentionally:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with an action by the governmental
entity served by the public servant commits conflict of interest, a
Class D felony.
(c) It is not an offense under this section if:
(1) The public servant or the public servant's dependent receives
compensation through salary or an employment contract for:
(A) services provided as a public servant; or
(B) expenses incurred by the public servant as provided by
law.
(2) The public servant's interest in the contract or purchase and
all other contracts and purchases made by the governmental
entity during the twelve (12) months before the date of the
contract or purchase was two hundred fifty dollars ($250) or
less.
(3) The contract or purchase involves utility services from a
utility whose rate structure is regulated by the state or federal
government.
(4) The public servant:
(A) acts in only an advisory capacity for a state supported
college or university; and
(B) does not have authority to act on behalf of the college or
university in a matter involving a contract or purchase.
(5) A public servant under the jurisdiction of the state ethics
commission (as provided in IC 4-2-6-2.5) obtains from the state
ethics commission, following full and truthful disclosure,
written approval that the public servant will not or does not
have a conflict of interest in connection with the contract or
purchase under IC 4-2-6 and this section. The approval required
under this subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the
governmental entity served; or
(B) sought by the public servant as soon after the contract or
purchase as the public servant becomes aware of the facts
that give rise to a question of conflict of interest.
(6) A public servant who makes a disclosure that meets the
requirements of subsection (d) or (e) and is:
(A) not a member or on the staff of the governing body
empowered to contract or purchase on behalf of the
governmental entity, and functions and performs duties for
the governmental entity unrelated to the contract or
purchase;
(B) appointed by an elected public servant;
(C) employed by the governing body of a school corporation
and the contract or purchase involves the employment of a
dependent or the payment of fees to a dependent;
(D) elected; or
(E) a member of, or a person appointed by, the board of
trustees of a state supported college or university.
(7) The public servant is a member of the governing board of a
hospital organized or operated under IC 16-22-1 through
IC 16-22-5 or IC 16-23-1.
(d) A disclosure must:
(1) be in writing;
(2) describe the contract or purchase to be made by the
governmental entity;
(3) describe the pecuniary interest that the public servant has in
the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted by
the governmental entity in a public meeting of the governmental
entity before final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on the
contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other
than the state or a state supported college or university, the
clerk of the circuit court in the county where the
governmental entity takes final action on the contract or
purchase; and
(7) contain, if the public servant is appointed, the written
approval of the elected public servant (if any) or the board of
trustees of a state supported college or university (if any) that
appointed the public servant.
(e) This subsection applies only to a person who is a member of,
or a person appointed by, the board of trustees of a state supported
college or university. A person to whom this subsection applies
complies with the disclosure requirements of this chapter with
respect to the person's pecuniary interest in a particular type of
contract or purchase which is made on a regular basis from a
particular vendor if the individual files with the state board of
accounts and the board of trustees a statement of pecuniary interest
in that particular type of contract or purchase made with that
particular vendor. The statement required by this subsection must be
made on an annual basis.
As added by Acts 1978, P.L.144, SEC.7. Amended by Acts 1981,
P.L.304, SEC.1; P.L.329-1983, SEC.1; P.L.66-1987, SEC.28;
P.L.13-1987, SEC.16; P.L.183-1988, SEC.1; P.L.109-1988, SEC.3;
P.L.197-1989, SEC.3; P.L.2-1993, SEC.185; P.L.22-1995, SEC.3;
P.L.1-1997, SEC.149; P.L.110-2011, SEC.1.
IC 35-44-1-4
Repealed
(Repealed by P.L.329-1983, SEC.2.)
IC 35-44-1-5
Sexual misconduct by service provider with detainee
Sec. 5. (a) As used in this section, "service provider" means a
public servant or other person employed by a governmental entity or
another person who provides goods or services to a person who is
subject to lawful detention.
(b) A service provider who knowingly or intentionally engages in
sexual intercourse or deviate sexual conduct with a person who is
subject to lawful detention commits sexual misconduct, a Class C
felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or deviate
sexual conduct with a person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention;
IC 35-44-1-7
Profiteering from public service; pecuniary interest; application
Sec. 7. (a) As used in this section, "pecuniary interest" has the
meaning set forth in section 3(a)(3) of this chapter.
(b) A person who knowingly or intentionally:
(1) obtains a pecuniary interest in a contract or purchase with an
agency within one (1) year after separation from employment or
other service with the agency; and
(2) is not a public servant for the agency but who as a public
servant approved, negotiated, or prepared on behalf of the
agency the terms or specifications of:
(A) the contract; or
(B) the purchase;
commits profiteering from public service, a Class D felony.
(c) This section does not apply to negotiations or other activities
related to an economic development grant, loan, or loan guarantee.
(d) This section does not apply if the person receives less than two
hundred fifty dollars ($250) of the profits from the contract or
purchase.
(e) It is a defense to a prosecution under this section that:
(1) the person was screened from any participation in the
contract or purchase;
(2) the person has not received a part of the profits of the
contract or purchase; and
(3) notice was promptly given to the agency of the person's
interest in the contract or purchase.
As added by P.L.13-1987, SEC.17. Amended by P.L.9-1990, SEC.15;
P.L.222-2005, SEC.49; P.L.110-2011, SEC.2.