Indiana criminal charge
Fraud in Indiana
Current through 2026 Indiana legislative session
Fraud is a criminal offense under Indiana law, defined by Ind. Code § 35-43-5-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-5-4.
What is the penalty for fraud in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Fraud — base offense — A person commits fraud as described in subsection (a) and none of the enhancing circumstances in subsections (b), (c), or (d) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Fraud — base offense — A person commits fraud as described in subsection (a) and none of the enhancing circumstances in subsections (b), (c), or (d) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Fraud — prior related conviction or release within 7 years — The offense is committed within seven years of a prior unrelated conviction or release from incarceration/probation/parole for an offense under this article.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — prior related conviction or release within 7 years — The offense is committed within seven years of a prior unrelated conviction or release from incarceration/probation/parole for an offense under this article.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — pecuniary loss $750 to $50,000 — The pecuniary loss caused is at least $750 but less than $50,000.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — pecuniary loss $750 to $50,000 — The pecuniary loss caused is at least $750 but less than $50,000.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — vulnerable victim (endangered adult or minor), low loss — The victim is an endangered adult or a person less than 18 years of age.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — vulnerable victim (endangered adult or minor), low loss — The victim is an endangered adult or a person less than 18 years of age.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — false disadvantaged/women-owned business certification — The person falsely represents an entity as a disadvantaged or women-owned business enterprise to qualify for certification for public agency contracts.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — false disadvantaged/women-owned business certification — The person falsely represents an entity as a disadvantaged or women-owned business enterprise to qualify for certification for public agency contracts.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — false subcontractor certification — The person falsely represents a subcontracting entity as a disadvantaged or women-owned business enterprise to qualify as an eligible bidder.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — false subcontractor certification — The person falsely represents a subcontracting entity as a disadvantaged or women-owned business enterprise to qualify as an eligible bidder.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — committed while confined — The offense is committed by a person confined in a department of correction facility, county jail, or secure juvenile facility.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — committed while confined — The offense is committed by a person confined in a department of correction facility, county jail, or secure juvenile facility.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — governmental document or instrument — The document or instrument possessed, manufactured, used, or altered is or appears to be issued by a public servant or governmental entity, or is tendered/intended to be tendered to one.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — governmental document or instrument — The document or instrument possessed, manufactured, used, or altered is or appears to be issued by a public servant or governmental entity, or is tendered/intended to be tendered to one.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — false statement or impression via written instrument — The person made the false or misleading statement or created the false impression by means of a document or written instrument, unless the Class A misdemeanor exception in subsection (e) applies.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — false statement or impression via written instrument — The person made the false or misleading statement or created the false impression by means of a document or written instrument, unless the Class A misdemeanor exception in subsection (e) applies.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — unconscionable agreement — The agreement underlying the fraud is unconscionable.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — unconscionable agreement — The agreement underlying the fraud is unconscionable.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Fraud — involving human reproductive material — The offense involves human reproductive material as defined by statute.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Fraud — involving human reproductive material — The offense involves human reproductive material as defined by statute.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Fraud — pecuniary loss $50,000 to $100,000 — The pecuniary loss is at least $50,000 but less than $100,000.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Fraud — pecuniary loss $50,000 to $100,000 — The pecuniary loss is at least $50,000 but less than $100,000.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Fraud — vulnerable victim with loss $750–$50,000 — The pecuniary loss is at least $750 and less than $50,000 and the victim is an endangered adult or a person less than 18 years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Fraud — vulnerable victim with loss $750–$50,000 — The pecuniary loss is at least $750 and less than $50,000 and the victim is an endangered adult or a person less than 18 years of age.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Fraud — victim is financial institution — The victim of the fraud was a financial institution.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Fraud — victim is financial institution — The victim of the fraud was a financial institution.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Fraud — pecuniary loss of $100,000 or more — The pecuniary loss is at least $100,000.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Fraud — pecuniary loss of $100,000 or more — The pecuniary loss is at least $100,000.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 2 years to 12 years (Fraud — vulnerable victim with loss of $50,000 or more — The pecuniary loss is at least $50,000 and the victim is an endangered adult or a person less than 18 years of age.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Fraud — vulnerable victim with loss of $50,000 or more — The pecuniary loss is at least $50,000 and the victim is an endangered adult or a person less than 18 years of age.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to current.
How is fraud classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraud — base offense | Class A Misdemeanor | A person commits fraud as described in subsection (a) and none of the enhancing circumstances in subsections (b), (c), or (d) apply. | Ind. Code § 35-43-5-4(a) |
| Fraud — prior related conviction or release within 7 years | Level 6 Felony | The offense is committed within seven years of a prior unrelated conviction or release from incarceration/probation/parole for an offense under this article. | Ind. Code § 35-43-5-4(b) |
| Fraud — pecuniary loss $750 to $50,000 | Level 6 Felony | The pecuniary loss caused is at least $750 but less than $50,000. | Ind. Code § 35-43-5-4(b) |
| Fraud — vulnerable victim (endangered adult or minor), low loss | Level 6 Felony | The victim is an endangered adult or a person less than 18 years of age. | Ind. Code § 35-43-5-4(b) |
| Fraud — false disadvantaged/women-owned business certification | Level 6 Felony | The person falsely represents an entity as a disadvantaged or women-owned business enterprise to qualify for certification for public agency contracts. | Ind. Code § 35-43-5-4(b) |
| Fraud — false subcontractor certification | Level 6 Felony | The person falsely represents a subcontracting entity as a disadvantaged or women-owned business enterprise to qualify as an eligible bidder. | Ind. Code § 35-43-5-4(b) |
| Fraud — committed while confined | Level 6 Felony | The offense is committed by a person confined in a department of correction facility, county jail, or secure juvenile facility. | Ind. Code § 35-43-5-4(b) |
| Fraud — governmental document or instrument | Level 6 Felony | The document or instrument possessed, manufactured, used, or altered is or appears to be issued by a public servant or governmental entity, or is tendered/intended to be tendered to one. | Ind. Code § 35-43-5-4(b) |
| Fraud — false statement or impression via written instrument | Level 6 Felony | The person made the false or misleading statement or created the false impression by means of a document or written instrument, unless the Class A misdemeanor exception in subsection (e) applies. | Ind. Code § 35-43-5-4(b) |
| Fraud — unconscionable agreement | Level 6 Felony | The agreement underlying the fraud is unconscionable. | Ind. Code § 35-43-5-4(b) |
| Fraud — involving human reproductive material | Level 6 Felony | The offense involves human reproductive material as defined by statute. | Ind. Code § 35-43-5-4(b) |
| Fraud — pecuniary loss $50,000 to $100,000 | Level 5 Felony | The pecuniary loss is at least $50,000 but less than $100,000. | Ind. Code § 35-43-5-4(c) |
| Fraud — vulnerable victim with loss $750–$50,000 | Level 5 Felony | The pecuniary loss is at least $750 and less than $50,000 and the victim is an endangered adult or a person less than 18 years of age. | Ind. Code § 35-43-5-4(c) |
| Fraud — victim is financial institution | Level 5 Felony | The victim of the fraud was a financial institution. | Ind. Code § 35-43-5-4(c) |
| Fraud — pecuniary loss of $100,000 or more | Level 4 Felony | The pecuniary loss is at least $100,000. | Ind. Code § 35-43-5-4(d) |
| Fraud — vulnerable victim with loss of $50,000 or more | Level 4 Felony | The pecuniary loss is at least $50,000 and the victim is an endangered adult or a person less than 18 years of age. | Ind. Code § 35-43-5-4(d) |
Common questions about fraud in Indiana
Is fraud a felony or a misdemeanor in Indiana?
It depends on the circumstances: fraud ranges from a Class A Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-43-5-4.
Fraud — base offense: Class A Misdemeanor (Ind. Code § 35-43-5-4(a)) · Fraud — prior related conviction or release within 7 years: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — pecuniary loss $750 to $50,000: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — vulnerable victim (endangered adult or minor), low loss: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — false disadvantaged/women-owned business certification: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — false subcontractor certification: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — committed while confined: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — governmental document or instrument: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — false statement or impression via written instrument: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — unconscionable agreement: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — involving human reproductive material: Level 6 Felony (Ind. Code § 35-43-5-4(b)) · Fraud — pecuniary loss $50,000 to $100,000: Level 5 Felony (Ind. Code § 35-43-5-4(c)) · Fraud — vulnerable victim with loss $750–$50,000: Level 5 Felony (Ind. Code § 35-43-5-4(c)) · Fraud — victim is financial institution: Level 5 Felony (Ind. Code § 35-43-5-4(c)) · Fraud — pecuniary loss of $100,000 or more: Level 4 Felony (Ind. Code § 35-43-5-4(d)) · Fraud — vulnerable victim with loss of $50,000 or more: Level 4 Felony (Ind. Code § 35-43-5-4(d))
What are the penalties for fraud in Indiana?
Penalties for fraud in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers fraud?
Fraud is governed by Ind. Code § 35-43-5-4 (Fraud).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.