Indiana Code 35-44-2

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
05/14/2008 08:27:03 AM EDT

IC 35-44-2
Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

IC 35-44-2-1
Perjury
     Sec. 1. (a) A person who:
        (1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true; or
        (2) has knowingly made two (2) or more material statements, in a proceeding before a court or grand jury, which are inconsistent to the degree that one (1) of them is necessarily false;
commits perjury, a Class D felony.
    (b) In a prosecution under subsection (a)(2) of this section:
        (1) the indictment or information need not specify which statement is actually false; and
        (2) the falsity of a statement may be established sufficient for conviction, by proof that the defendant made irreconcilably contradictory statements which are material to the point in question.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.55; Acts 1981, P.L.281, SEC.4.

IC 35-44-2-2
False reporting or informing
     Sec. 2. (a) As used in this section, "consumer product" has the meaning set forth in IC 35-45-8-1.
    (b) As used in this section, "misconduct" means a violation of a departmental rule or procedure of a law enforcement agency.
    (c) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
        (1) the person or another person has placed or intends to place an explosive, a destructive device, or other destructive substance in a building or transportation facility;
        (2) there has been or there will be tampering with a consumer product introduced into commerce; or
        (3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D felony.
    (d) A person who:
        (1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;
        (2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
        (3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false;

        (4) gives a false report concerning a missing child (as defined in IC 10-13-5-4) or missing endangered adult (as defined in IC 12-7-2-131.3) or gives false information in the official investigation of a missing child or missing endangered adult knowing the report or information to be false;
        (5) makes a complaint against a law enforcement officer to the state or municipality (as defined in IC 8-1-13-3) that employs the officer:
            (A) alleging the officer engaged in misconduct while performing the officer's duties; and
            (B) knowing the complaint to be false; or
        (6) makes a false report of a missing person, knowing the report or information is false;
commits false informing, a Class B misdemeanor. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.56; Acts 1977, P.L.341, SEC.1; P.L.326-1987, SEC.3; P.L.49-1989, SEC.23; P.L.156-2001, SEC.12; P.L.123-2002, SEC.39; P.L.2-2003, SEC.96; P.L.232-2003, SEC.1; P.L.140-2005, SEC.7; P.L.92-2007, SEC.5.

IC 35-44-2-3
Impersonation of a public servant
     Sec. 3. A person who falsely represents that the person is a public servant, with intent to mislead and induce another person to submit to false official authority or otherwise to act to the other person's detriment in reliance on the false representation, commits impersonation of a public servant, a Class A misdemeanor. However, a person who falsely represents that the person is:
        (1) a law enforcement officer; or
        (2) an agent or employee of the department of state revenue, and collects any property from another person;
commits a Class D felony.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.57; P.L.6-1987, SEC.21; P.L.214-1997, SEC.1.

IC 35-44-2-4
Ghost employment
     Sec. 4. (a) A public servant who knowingly or intentionally:
        (1) hires an employee for the governmental entity that he serves; and
        (2) fails to assign to the employee any duties, or assigns to the employee any duties not related to the operation of the governmental entity;
commits ghost employment, a Class D felony.
    (b) A public servant who knowingly or intentionally assigns to an employee under his supervision any duties not related to the operation of the governmental entity that he serves commits ghost employment, a Class D felony.

    (c) A person employed by a governmental entity who, knowing that he has not been assigned any duties to perform for the entity, accepts property from the entity commits ghost employment, a Class D felony.
    (d) A person employed by a governmental entity who knowingly or intentionally accepts property from the entity for the performance of duties not related to the operation of the entity commits ghost employment, a Class D felony.
    (e) Any person who accepts property from a governmental entity in violation of this section and any public servant who permits the payment of property in violation of this section are jointly and severally liable to the governmental entity for that property. The attorney general may bring a civil action to recover that property in the county where the governmental entity is located or the person or public servant resides.
    (f) For the purposes of this section, an employee of a governmental entity who voluntarily performs services:
        (1) that do not:
            (A) promote religion;
            (B) attempt to influence legislation or governmental policy; or
            (C) attempt to influence elections to public office;
        (2) for the benefit of:
            (A) another governmental entity; or
            (B) an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
        (3) with the approval of the employee's supervisor; and
        (4) in compliance with a policy or regulation that:
            (A) is in writing;
            (B) is issued by the executive officer of the governmental entity; and
            (C) contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment;
is considered to be performing duties related to the operation of the governmental entity.
As added by Acts 1977, P.L.340, SEC.58. Amended by P.L.68-1998, SEC.1.

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