Indiana criminal charge
Unauthorized use of telecommunications services in Indiana
Unauthorized use of telecommunications services is a criminal offense under Indiana law, defined by Ind. Code § 35-45-13-7. 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 § 35-45-13-7.
What is the penalty for unauthorized use of telecommunications services in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Unauthorized use of telecommunications services — base offense — A person knowingly or intentionally makes, distributes, possesses, uses, sells, or transfers unlawful telecommunications devices, plans, materials, or publishes telecommunications codes for unauthorized use, with no prior adjudication or conviction under this section.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | up to 1 year (Unauthorized use of telecommunications services — prior violation — The person has a prior adjudication or conviction under this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unauthorized use of telecommunications services — prior violation — The person has a prior adjudication or conviction under this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Unauthorized use of telecommunications services — prior violation involving five or more devices — The person has a prior adjudication or conviction under this section within the previous five years and the offense involves at least five unlawful telecommunications devices.; 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 (Unauthorized use of telecommunications services — prior violation involving five or more devices — The person has a prior adjudication or conviction under this section within the previous five years and the offense involves at least five unlawful telecommunications devices.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is unauthorized use of telecommunications services classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unauthorized use of telecommunications services — base offense | Class C Infraction | A person knowingly or intentionally makes, distributes, possesses, uses, sells, or transfers unlawful telecommunications devices, plans, materials, or publishes telecommunications codes for unauthorized use, with no prior adjudication or conviction under this section. | Ind. Code § 35-45-13-7(b) |
| Unauthorized use of telecommunications services — prior violation | Class A Misdemeanor | The person has a prior adjudication or conviction under this section within the previous five years. | Ind. Code § 35-45-13-7(b) |
| Unauthorized use of telecommunications services — prior violation involving five or more devices | Level 6 Felony | The person has a prior adjudication or conviction under this section within the previous five years and the offense involves at least five unlawful telecommunications devices. | Ind. Code § 35-45-13-7(b) |
Common questions about unauthorized use of telecommunications services in Indiana
Is unauthorized use of telecommunications services a felony or a misdemeanor in Indiana?
It depends on the circumstances: unauthorized use of telecommunications services ranges from a Class C Infraction to a Level 6 Felony in Indiana under Ind. Code § 35-45-13-7.
Unauthorized use of telecommunications services — base offense: Class C Infraction (Ind. Code § 35-45-13-7(b)) · Unauthorized use of telecommunications services — prior violation: Class A Misdemeanor (Ind. Code § 35-45-13-7(b)) · Unauthorized use of telecommunications services — prior violation involving five or more devices: Level 6 Felony (Ind. Code § 35-45-13-7(b))
What are the penalties for unauthorized use of telecommunications services in Indiana?
Penalties for unauthorized use of telecommunications services in Indiana depend on how it is classified — from a Class C Infraction up to a Level 6 Felony — with the ranges set by Ind. Code § 34-28-5-4, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers unauthorized use of telecommunications services?
Unauthorized use of telecommunications services is governed by Ind. Code § 35-45-13-7 (Unauthorized use of telecommunications services).
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.