Daviess County - Indiana Criminal Code 2022

202

CRIMINAL LAWAND PROCEDURE

ductive 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 thou sand 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 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 (b)(9) is a Class Amisdemeanor 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). 35-43-5-4.7. Insurance fraud. (a) A person who, knowingly or intention ally: (1) solicits or accepts new or renewal insurance risks by or for an insolvent insurer or other entity regulated under IC 27; (2) removes: (A) the assets; (B) the record of assets, transactions, and affairs; or of an insurer or another entity regulated under IC 27, from the home office, other place of business, or place of safekeeping of the insurer or other regulated entity, or conceals or attempts to conceal from the department of insurance assets or records referred to in clauses (A) through (B); or (3) diverts funds of an insurer or another person in connection with: (A) the transaction of insurance or rein surance; (C) a material part of the assets or the record of assets, transactions, and affairs;

(B) the conduct of business activities by an insurer or another entity regulated under IC 27; or (C) the formation, acquisition, or dis solution of an insurer or another entity regulated under IC 27; commits insurance fraud, a Class A infrac tion. (b) Notwithstanding IC 34-28-5-4, a judg ment of up to one hundred thousand dollars ($100,000) may be entered for a violation of this section. In determining the amount of the judg ment, the court shall consider: (1) whether the person who commits the violation has a prior unrelated judgment under this section or conviction under this (A) value of property, services, or other benefits obtained or attempted to be obtained by the person as a result of the violation; (B) economic loss suffered by another person as a result of the violation; and (C) risk and magnitude of economic loss to another person which could have resulted as a consequence of the violation; and (3) whether the judgment imposed is pro portional to the gravity of the offense. 35-43-5-13. Do not resuscitate orders. Certain offenses concerning forgery and other deceptions involving out of hospital do not resus citate declarations and orders are described in IC 16-36-5. 35-43-5-18. Possession of device or substance used to interfere with screening test. Aperson who knowingly or intentionally pos sesses a: designed or intended to be used to interfere with a drug or alcohol screening test commits posses sion of a device or substance used to interfere with a drug or alcohol screening test, a Class B misdemeanor. (1) device; or (2) substance; article; (2) the: