(a) A person who:

1. (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:

   1. (A) makes a false or misleading statement; or
   2. (B) creates a false impression in another person;

2. (2) with the intent to cause another person to obtain property, knowingly or intentionally:

   1. (A) makes a false or misleading statement;
   2. (B) creates a false impression in a third person; or

   3. (C) causes to be presented a claim that:

      1. (i) contains a false or misleading statement; or
      2. (ii) creates a false or misleading impression in a third person;

3. (3) possesses, manufactures, uses, or alters a document, instrument, computer program, or device with the intent to obtain:

   1. (A) property;
   2. (B) data; or

   3. (C) an educational, governmental, or employment benefit;

      to which the person is not entitled; or

4. (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. (1) or more of the following apply:

2. (1) The offense is committed not later than seven (7) years from the date the person:

   1. (A) was convicted of a prior unrelated conviction for an offense under this article; or

   2. (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.

3. (2) The pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000).

4. (3) The victim is:

   1. (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or
   2. (B) less than eighteen (18) years of age.

5. (4) The person makes a false or misleading statement representing an entity as:

   1. (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1 ); or

   2. (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.

6. (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:

   1. (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1 ); or

   2. (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.

7. (6) The offense is committed by a person who is confined in:

   1. (A) the department of correction;
   2. (B) a county jail; or
   3. (C) a secure juvenile facility.

8. (7) The document or instrument that the person possesses, manufactures, uses, or alters is a document or instrument:

   1. (A) issued by a public servant or a governmental entity;
   2. (B) that has been manufactured or altered to appear to have been issued by a public servant or a governmental entity; or
   3. (C) that the person tendered to, or intends to tender to a public servant or a governmental entity.

9. (8) Except as provided in subsection (e), the person:

   1. (A) made the false or misleading statement; or

   2. (B) created the false impression in another person;

      on or by means of a document or written instrument.

10. (9) The agreement is unconscionable.
11. (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. (1) or more of the following apply:
2. (1) The pecuniary loss is at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000).

3. (2) The pecuniary loss is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000) and the victim is:

   1. (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or
   2. (B) less than eighteen (18) years of age.
4. (3) The victim was a financial institution.

(d) The offense described in subsection (a) is a Level 4 felony if one

1. (1) or more of the following apply:
2. (1) The pecuniary loss is at least one hundred thousand dollars ($100,000).

3. (2) The pecuniary loss is at least fifty thousand dollars ($50,000) and the victim is:

   1. (A) an endangered adult (as defined in IC 12-10-3-2 (a)); or
   2. (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. (1) value of the property, data, or benefit intended to be obtained; and

2. (2) actual pecuniary loss;

   is less than seven hundred fifty dollars ($750).

   As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.52; Acts 1978, P.L.82, SEC.3; P.L.180-1991, SEC.9; P.L.193-1991, SEC.3; P.L.1-1992, SEC.180; P.L.180-2001, SEC.3; P.L.181-2005, SEC.6; P.L.158-2013, SEC.474; P.L.174-2021, SEC.48; P.L.148-2024, SEC.27.