Sec. 3.5. (a) Except as provided in subsection (c), a person who, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person, commits identity deception, a Level 6 felony. (b) However, the offense defined in subsection (a) is a Level 5 felony if: (1) a person obtains, possesses, transfers, or uses the identifying information of more than one hundred (100) persons; (2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000); or (3) a person obtains, possesses, transfers, or uses the identifying information of a person who is less than eighteen (18) years of age and is: (A) the person's son or daughter; (B) a dependent of the person; (C) a ward of the person; or (D) an individual for whom the person is a guardian. (c) The conduct prohibited in subsections (a) and (b) does not apply to: (1) a person less than twenty-one (21) years of age who uses identifying information 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 identifying information to acquire: (A) a cigarette, an electronic cigarette (as defined in IC 35-46-1-1.5 ), or a 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 identifying information for a lawful purpose. (d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.
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