Penalties In Indiana For An Identity Theft Conviction

Identity Theft penalties in Indiana fall under the state's criminal code 35-43-5-3.5 under the title "Identity Deception." The crime occurs when you knowingly or intentionally obtain, possess, transfer, or use another live or deceased person's identifying information without the person's consent and with the intent to:

• harm or defraud another person;
• assume another person's identity; or
• profess to be another person.

Penalties Result in Felony Convictions

Felony convictions in Indiana vary by category depending on the seriousness of the crime. Murder is the most serious; Class "D" is the least serious. A conviction for "Identity Deception" is a Class "D" Felony. It carries a penalty of six months to three years in prison, with a fine of up to $10,000.

The penalty can be increased to a Class "C" Felony, which carries a fixed prison term of two to eight years in prison and up to a $10,000 fine, if:

• the identifying information of more than one hundred persons were obtained, possessed, transferred or used;
• the fair market value meets or exceeds $50,000 of total harm or fraud; or
• the identification used belonged to a minor with which the person convicted had a special relationship. The special relationship is defined by statute. 

However, depending on the underlying facts of the crime, the penalty may also be reduced to a Class "A" misdemeanor. A Class "A" misdemeanor carries a penalty of up to one year in prison and up to a $5,000 fine.

Criminal Penalty Exceptions

Even though the crime of "Identity Deception" normally results in a felony conviction, the harsh penalties may be avoided if:  

• the person is less than twenty-one years old, and used the false identifying information to buy alcohol;
• the person is a minor, as defined under statute, and used the false identifying information to buy (A) a cigarette or tobacco product, (B) a medium containing nudity, such as a videotape, DVD, or magazine, or (C) any item that is prohibited for use or consumption by a minor. Minors who used the false identifying information to gain admission to any live or film performance, which prohibits the attendance of minors under law, may also be exempted; or
• the person used another person's identification for a lawful purpose.

Talk to an Attorney

If you or someone you know has been charged with the crime of "Identity Deception" in Indiana, seek an experienced local criminal defense attorney immediately. The fact that a person was not actually harmed or defrauded is never a defense. Contacting an attorney early in the criminal process is crucial in developing your defense, determining whether an exception to the penalties apply, or to preserve any potential opportunity for a plea bargain.