Indiana criminal charge
Identity deception in Indiana
Identity deception is a criminal offense under Indiana law, defined by Ind. Code § 35-43-5-3.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-5-3.5.
What is the penalty for identity deception in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Identity deception - base offense — A person, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Identity deception - base offense — A person, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Identity deception - aggravated circumstances — The offense involves identifying information of more than 100 persons, fraud/harm valued at least $50,000, or identifying information of the person's minor child, dependent, ward, or a minor for whom the person is guardian.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Identity deception - aggravated circumstances — The offense involves identifying information of more than 100 persons, fraud/harm valued at least $50,000, or identifying information of the person's minor child, dependent, ward, or a minor for whom the person is guardian.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is identity deception classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Identity deception - base offense | Level 6 Felony | A person, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person. | Ind. Code § 35-43-5-3.5(a) |
| Identity deception - aggravated circumstances | Level 5 Felony | The offense involves identifying information of more than 100 persons, fraud/harm valued at least $50,000, or identifying information of the person's minor child, dependent, ward, or a minor for whom the person is guardian. | Ind. Code § 35-43-5-3.5(b) |
Common questions about identity deception in Indiana
Is identity deception a felony or a misdemeanor in Indiana?
It depends on the circumstances: identity deception ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-43-5-3.5.
Identity deception - base offense: Level 6 Felony (Ind. Code § 35-43-5-3.5(a)) · Identity deception - aggravated circumstances: Level 5 Felony (Ind. Code § 35-43-5-3.5(b))
What are the penalties for identity deception in Indiana?
Which Indiana statute covers identity deception?
Identity deception is governed by Ind. Code § 35-43-5-3.5 (Identity deception).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.