Identity deception
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.
As added by P.L.180-2001, SEC.2. Amended by P.L.22-2003, SEC.2.
Last modified: May 24, 2006