§ 26-3-7-34 — Violations

(a) A person who knowingly or intentionally
violates or fails to comply with this chapter commits a Class A
misdemeanor. Each day a person violates this chapter constitutes a
separate violation.
(b) A person who knowingly or intentionally issues a receipt or
ticket, knowing that the grain for which the receipt or ticket is issued
has not been actually received at the licensed warehouse, commits a
Class A misdemeanor. A person who issues a duplicate, or additional
negotiable receipt for grain, knowing that a former negotiable receipt
for the same grain or any part of the grain is outstanding and
uncancelled, except in the case of a lost, stolen, or destroyed receipt, as
provided in section 24 of this chapter, commits a Class A
misdemeanor. A person who fraudulently represents, alters, or
counterfeits any license provided for in this chapter commits a Level
6 felony.
(c) Except in case of sale or other disposition of the grain in lawful
enforcement of the lien on grain that attaches under this chapter or on
a licensee's lawful termination of storage, shipping, or handling
agreements, or except as permitted by the rules adopted by the director
under section 38 of this chapter to effectuate the purposes of this
chapter:
(1) a person who knowingly or intentionally delivers grain out of
a licensed facility, knowing that a negotiable receipt, the
negotiation of which would transfer the right of possession of the
grain is outstanding and uncancelled, without obtaining the
possession of the receipt at or before the time of delivery,
commits a Level 6 felony; and
(2) a person who knowingly or intentionally delivers grain out of
a licensed facility, knowing that a non-negotiable receipt or ticket
is outstanding and uncancelled, without the prior written approval
of the person lawfully entitled to delivery under the
non-negotiable receipt or ticket and without delivery being shown
on the appropriate records of the licensee, commits a Level 6
felony.
(d) A person who fraudulently issues a receipt, a ticket, or a weight
or grade certificate, knowing that it contains a false statement, or who
issues a receipt for grain owned solely or jointly by the person and does
not state the fact of the person's ownership in the receipt, commits a
Class A misdemeanor.
(e) A person who recklessly changes a receipt or ticket subsequent
to issuance, except for notation by the licensee of partial delivery,
commits a Class B misdemeanor.
(f) A person who knowingly or intentionally deposits grain to which
the person does not have title or upon which there is a lien or mortgage
and who accepts for the grain a receipt or ticket, without disclosing the
lack of title or the existence of the lien or mortgage, commits a Level
6 felony.
(g) A person commits a Class A misdemeanor who knowingly or
intentionally:
(1) engages in the business of being a grain buyer or operates a
warehouse without a valid license issued by the director;
(2) engages in the business of being a grain buyer or operates a
warehouse without a sufficient cash deposit, letter of credit, or
surety bond on file with and in a form approved by the director;
or
(3) engages in the business of being a grain buyer or operates a
warehouse while in violation of the rules adopted by the director.
(h) A person commits a Class A misdemeanor who willfully makes
or causes to be made a false entry or statement of fact in an application
or report filed with the director.
(i) The director may revoke the license of a licensee that uses an
unlicensed facility to store or handle grain or commits another violation
of this chapter.
(j) The agency shall report a licensee that is suspected of a criminal
violation under this chapter to the county prosecuting attorney or the
attorney general.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts
1978, P.L.2, SEC.2608; Acts 1979, P.L.249, SEC.17; Acts 1981,
P.L.232, SEC.2; Acts 1982, P.L.155, SEC.19; P.L.139-1996, SEC.11;
P.L.125-1997, SEC.54; P.L.158-2013, SEC.295; P.L.114-2025,
SEC.40.