Indiana criminal charge
Unlawful competitive bidding in Indiana
Unlawful competitive bidding is a criminal offense under Indiana law, defined by Ind. Code § 35-44.2-2-4. 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 § 35-44.2-2-4.
What is the penalty for unlawful competitive bidding in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Unlawful competitive bidding — base offense — A state purchaser of materials fails to advertise for, receive, or consider bids for a purchase.; 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 (Unlawful competitive bidding — knowing/intentional with prior conviction — The violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unlawful competitive bidding — knowing/intentional with prior conviction — The violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to current.
How is unlawful competitive bidding classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful competitive bidding — base offense | Class C Infraction | A state purchaser of materials fails to advertise for, receive, or consider bids for a purchase. | Ind. Code § 35-44.2-2-4(b) |
| Unlawful competitive bidding — knowing/intentional with prior conviction | Class A Misdemeanor | The violation is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years. | Ind. Code § 35-44.2-2-4(b) |
Common questions about unlawful competitive bidding in Indiana
Is unlawful competitive bidding a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful competitive bidding ranges from a Class C Infraction to a Class A Misdemeanor in Indiana under Ind. Code § 35-44.2-2-4.
Unlawful competitive bidding — base offense: Class C Infraction (Ind. Code § 35-44.2-2-4(b)) · Unlawful competitive bidding — knowing/intentional with prior conviction: Class A Misdemeanor (Ind. Code § 35-44.2-2-4(b))
What are the penalties for unlawful competitive bidding in Indiana?
Which Indiana statute covers unlawful competitive bidding?
Unlawful competitive bidding is governed by Ind. Code § 35-44.2-2-4 (Unlawful competitive bidding).
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.