Sec. 4. (a) A person who: (1) with the intent to obtain property or data, or an educational, governmental, or employment benefit to which the person is not entitled, knowingly or intentionally: (A) makes a false or misleading statement; or (B) creates a false impression in another person; (2) with the intent to cause another person to obtain property, knowingly or intentionally: (A) makes a false or misleading statement; (B) creates a false impression in a third person; or (C) causes to be presented a claim that: (i) contains a false or misleading statement; or (ii) creates a false or misleading impression in a third person; (3) possesses, manufactures, uses, or alters a document, instrument, computer program, or device with the intent to obtain: (A) property; (B) data; or (C) an educational, governmental, or employment benefit; to which the person is not entitled; or (4) knowingly or intentionally engages in a scheme or artifice to commit an offense described in subdivisions (1) through (3); commits fraud, a Class A misdemeanor except as otherwise provided in this section. (b) The offense described in subsection (a) is a Level 6 felony if one (1) or more of the following apply: (1) The offense is committed not later than seven (7) years from the date the person: (A) was convicted of a prior unrelated conviction for an offense under this article; or (B) was released from a term of incarceration, probation, or parole (whichever occurred last) imposed for a prior unrelated conviction for an offense under this article; whichever occurred last. (2) The pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000). (3) The victim is: (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or (B) less than eighteen (18) years of age. (4) The person makes a false or misleading statement representing an entity as: (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1 ); or (B) a women-owned business enterprise (as defined in IC 5-16-6.5-3 ); in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2 ) designed to assist disadvantaged business enterprises or women-owned business enterprises in obtaining contracts with public agencies for the provision of goods and services. (5) The person makes a false or misleading statement representing an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2 ) as: (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1 ); or (B) a women-owned business enterprise (as defined in IC 5-16-6.5-3 ); in order to qualify for certification as an eligible bidder under a program that is conducted by a public agency designed to assist disadvantaged business enterprises or women-owned business enterprises in obtaining contracts with public agencies for the provision of goods and services. (6) The offense is committed by a person who is confined in: (A) the department of correction; (B) a county jail; or (C) a secure juvenile facility. (7) The document or instrument that the person possesses, manufactures, uses, or alters is a document or instrument: (A) issued by a public servant or a governmental entity; (B) that has been manufactured or altered to appear to have been issued by a public servant or a governmental entity; or (C) that the person tendered to, or intends to tender to a public servant or a governmental entity. (8) Except as provided in subsection (e), the person: (A) made the false or misleading statement; or (B) created the false impression in another person; on or by means of a document or written instrument. (9) The agreement is unconscionable. (10) The offense involves human reproductive material (as defined in IC 34-24-5-1 ). (c) The offense described in subsection (a) is a Level 5 felony if one (1) or more of the following apply: (1) The pecuniary loss is at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000). (2) The pecuniary loss is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000) and the victim is: (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or (B) less than eighteen (18) years of age. (3) The victim was a financial institution. (d) The offense described in subsection (a) is a Level 4 felony if one (1) or more of the following apply: (1) The pecuniary loss is at least one hundred thousand dollars ($100,000). (2) The pecuniary loss is at least fifty thousand dollars ($50,000) and the victim is: (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or (B) less than eighteen (18) years of age. (e) The offense described in subsection (b)(8) is a Class A misdemeanor if the defendant proves by a preponderance of the evidence that the: (1) value of the property, data, or benefit intended to be obtained; and (2) actual pecuniary loss; is less than seven hundred fifty dollars ($750).
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