Indiana § 23-19-5-8 Violations; felony; assistance in prosecution

Indiana Statutes

§ 23-19-5-8 — Violations; felony; assistance in prosecution

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 19 INDIANA UNIFORM SECURITIES ACT·Ch. 5 Fraud and Liabilities

(a)A person who knowingly violates this article, or a rule adopted under this article, commits a Level 5 felony. However, this subsection does not apply to a violation of the following:

(1)The notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5.

(2)IC 23-19-4-13.

(3)Sections 4 and 11 of this chapter.

(b)A person who knowingly violates section 1 of this chapter commits a Level 4 felony if the person harmed, defrauded, misled, or deceived by the violation is at least sixty (60) years of age.

(c)A person who knowingly violates section 1 of this chapter:

(1)while using or taking advantage of; or

(2)in connection with; a relationship that is based on religious affiliation or worship commits a Level 4 felony.

(d)It is the duty of a prosecuting attorney, as well as of the attorney

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(a) A person who knowingly violates this
article, or a rule adopted under this article, commits a Level 5 felony.
However, this subsection does not apply to a violation of the following:
(1) The notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5.
(2) IC 23-19-4-13.
(3) Sections 4 and 11 of this chapter.
(b) A person who knowingly violates section 1 of this chapter
commits a Level 4 felony if the person harmed, defrauded, misled, or
deceived by the violation is at least sixty (60) years of age.
(c) A person who knowingly violates section 1 of this chapter:
(1) while using or taking advantage of; or
(2) in connection with;
a relationship that is based on religious affiliation or worship commits
a Level 4 felony.
(d) It is the duty of a prosecuting attorney, as well as of the attorney
general, to assist the commissioner upon the commissioner's request in
the prosecution to final judgment of a violation of the penal provisions
of this article. If the commissioner determines that an action based on
the securities division's investigations is meritorious:
(1) the commissioner or a designee empowered by the
commissioner shall refer the facts drawn from the investigation to
the prosecuting attorney of the judicial circuit in which the crime
may have been committed;
(2) the commissioner and the securities division shall assist the
prosecuting attorney in prosecuting an action under this section,
which may include a securities division attorney serving as a
special deputy prosecutor appointed by the prosecuting attorney;
(3) a prosecuting attorney to whom facts concerning fraud are
referred under subdivision (1) may refer the matter to the attorney
general;
(4) if a matter has been referred to the attorney general under
subdivision (3), the attorney general may:
(A) file an information in a court with jurisdiction over the
matter in the county in which the offense is alleged to have
been committed; and
(B) prosecute the alleged offense; and
(5) if a matter has been referred to the attorney general under
subdivision (3), the commissioner and the securities division shall
assist the attorney general in prosecuting an action under this
section, which may include a securities division attorney serving
as a special deputy attorney general appointed by the attorney
general.
(e) This article does not limit the power of this state to punish a
person for conduct that constitutes a crime under other laws of this
state.

Indiana § 23-19-5-8 (Violations; felony; assistance in prosecution) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.27-2007, SEC.23. Amended by P.L.156-2009, SEC.23; P.L.146-2013, SEC.2; P.L.158-2013, SEC.267; P.L.168-2014, SEC.34; P.L.158-2022, SEC.7.