Identity Deception
IC 35-43-5-3.5 — using someone's identifying information to pass as them, meaning to harm or defraud, is a Level 6 felony
Knowingly or intentionally obtaining, possessing, transferring or using identifying information to pass as another person, meaning to harm or defraud someone, is identity deception, a Level 6 felony. That no one was actually harmed or defrauded is no defense.
Who handles this in Indiana: Indiana Attorney General, Consumer Protection Division; and legal aid programs and the state offices, listed in the Indiana directory.
| Identity deception where | Level |
|---|---|
| Identity deception whereThe information belongs to more than one hundred persons | LevelLevel 5 felony |
| Identity deception whereThe fraud or harm is worth at least $50,000 | LevelLevel 5 felony |
| Identity deception whereIt is the information of the person's own child, dependent or ward under 18 | LevelLevel 5 felony |
The section does not reach someone under 21 using another's identifying information to buy alcohol, a minor using it to get tobacco or an age restricted admission or item, or anyone using identifying information for a lawful purpose.
Sources for this section (1)
- IC 35-43-5-3.5 — Identity deception
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.