Indiana § 35-44.1-1-3 Ghost employment

Indiana Statutes

§ 35-44.1-1-3 — Ghost employment

Indiana § 35-44.1-1-3

Art. 44.1OFFENSES AGAINST GENERAL PUBLIC

Ch. 1General Public Administration

This text of Indiana § 35-44.1-1-3 (Ghost employment) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-44.1-1-3 (2026).

Text

(a)A public servant who knowingly or intentionally:

(1)hires an employee for the governmental entity that the public servant 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 Level 6 felony.

(b)A public servant who knowingly or intentionally assigns to an employee under the public servant's supervision any duties not related to the operation of the governmental entity that the public servant serves commits ghost employment, a Level 6 felony.

(c)A person employed by a governmental entity who, knowing that the person has not been assigned any duties to perform for the entity, accepts property from the entity commits ghost employment, a Level 6 felony.

(d)A

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(a) A public servant who knowingly or
intentionally:
(1) hires an employee for the governmental entity that the public
servant 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 Level 6 felony.
(b) A public servant who knowingly or intentionally assigns to an
employee under the public servant's supervision any duties not related
to the operation of the governmental entity that the public servant
serves commits ghost employment, a Level 6 felony.
(c) A person employed by a governmental entity who, knowing that
the person has not been assigned any duties to perform for the entity,
accepts property from the entity commits ghost employment, a Level
6 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 Level 6 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.