Privacy Law Library

Identity Deception (criminal identity theft)

IN Identity Deception

Financial · Other

Indiana's core identity theft crime covers obtaining, possessing, transferring, or using someone's identifying information, with intent to harm or defraud, to pose as that person. It is the offense referenced by the breach notification law's risk-of-harm trigger and by the identity theft victim protections in IC 24-5-26.

Where

Indiana

Citation

Ind. Code 35-43-5-3.5

Status

In force

Enforced by

County prosecutors; the Attorney General's Identity Theft Unit assists victims (IC 4-6-13)

People can sue

No

Penalties

Level 6 felony; Level 5 felony if the information of more than 100 people is involved, the loss is at least $50,000, or the victim is the offender's child, dependent, or ward (IC 35-43-5-3.5(a)-(b)).

Applies to

• Any person who knowingly obtains, possesses, transfers, or uses another person's identifying information with intent to harm or defraud (IC 35-43-5-3.5(a))