§ 25-5.2-2-12 — Misconduct by athlete agent

Indiana § 25-5.2-2-12

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 5.2: ATHLETE AGENTS
• Ch. 2: Athlete Agent Registration

Text

(a) Except as provided in subsection (c), an
athlete agent who, with the intent to influence a student athlete, or, if
the athlete is a minor, a parent or guardian of the athlete, to enter into
an agency contract:
(1) gives any materially false or misleading information or makes
a materially false promise or representation;
(2) furnishes anything of value to an athlete before the athlete
enters into the agency contract; or
(3) furnishes anything of value to any individual other than the
athlete or another registered athlete agent;
commits a Level 6 felony. An athlete agent who encourages an
individual to take or assist in taking an action described in this
subsection on behalf of the agent commits a Level 6 felony.
(b) An athlete agent who intentionally:
(1) initiates contact, directly or indirectly, with a student athlete,
or, if the athlete is a minor, a parent or guardian of the athlete, to
recruit or solicit the athlete, parent, or guardian to enter an agency
contract unless registered under this article;
(2) refuses or fails to retain or permit inspection of the records
required to be retained by section 11 of this chapter;
(3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in an
application for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete, or, if the athlete is a minor, a
parent or guardian of the athlete, before the athlete, parent, or
guardian signs or otherwise authenticates an agency contract for
a particular sport that the signing or authentication may make the
athlete ineligible to participate as a student athlete in that sport;
commits a Level 6 felony. An athlete agent who encourages another
individual to take or assist in taking an action described in this
subsection on behalf of the agent commits a Level 6 felony.
(c) An athlete agent registered under this article who is certified as
an athlete agent in a particular sport by a national association that
promotes or regulates intercollegiate athletics and establishes eligibility
standards for participation by a student athlete in the sport may pay
expenses incurred before the signing of an agency contract by a student
athlete, a family member of the student athlete, and an individual who
is a member of a class of individuals authorized to receive payment for
the expenses by the national association that certified the agent if the
expenses are:
(1) for the benefit of an athlete who is a member of a class of
athletes authorized to receive the benefit by the national
association that certified the agent;
(2) of a type authorized to be paid by a certified agent by the
national association that certified the agent;
(3) for a purpose authorized by the national association that
certified the agent; and
(4) with respect to an athlete who is a high school student,
allowed by the interscholastic association that determines
eligibility for the athlete.

Legislative History

As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.281; P.L.95-2019, SEC.8.