Indiana criminal charge
Violation of the depository rule in Indiana
Violation of the depository rule is a criminal offense under Indiana law, defined by Ind. Code § 35-44.2-2-1. 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 § 35-44.2-2-1.
What is the penalty for violation of the depository rule in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Violation of the depository rule (first offense) — A public servant who knowingly or intentionally fails to deposit public funds not later than one business day after receipt, with no prior related adjudication or conviction.; 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 (Violation of the depository rule (repeat offense) — The same conduct is elevated when the person has a prior unrelated adjudication or conviction for violating this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Violation of the depository rule (repeat offense) — The same conduct is elevated when the person has a prior unrelated adjudication or conviction for violating this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to current.
How is violation of the depository rule classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of the depository rule (first offense) | Class C Infraction | A public servant who knowingly or intentionally fails to deposit public funds not later than one business day after receipt, with no prior related adjudication or conviction. | Ind. Code § 35-44.2-2-1undefined |
| Violation of the depository rule (repeat offense) | Class A Misdemeanor | The same conduct is elevated when the person has a prior unrelated adjudication or conviction for violating this section within the previous five years. | Ind. Code § 35-44.2-2-1undefined |
Common questions about violation of the depository rule in Indiana
Is violation of the depository rule a felony or a misdemeanor in Indiana?
It depends on the circumstances: violation of the depository rule ranges from a Class C Infraction to a Class A Misdemeanor in Indiana under Ind. Code § 35-44.2-2-1.
Violation of the depository rule (first offense): Class C Infraction (Ind. Code § 35-44.2-2-1) · Violation of the depository rule (repeat offense): Class A Misdemeanor (Ind. Code § 35-44.2-2-1)
What are the penalties for violation of the depository rule in Indiana?
Which Indiana statute covers violation of the depository rule?
Violation of the depository rule is governed by Ind. Code § 35-44.2-2-1 (Violation of the depository rule).
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.