§ 35-44.1-1-5 — Profiteering from public service

Indiana § 35-44.1-1-5

• Jurisdiction: Indiana
• Art. 44.1: OFFENSES AGAINST GENERAL PUBLIC
• Ch. 1: General Public Administration

Text

(a) As used in this section, "pecuniary
interest" has the meaning set forth in section 4(a)(3) of this chapter.
(b) A person who knowingly or intentionally:
(1) obtains a pecuniary interest in a contract or purchase with an
agency within one (1) year after separation from employment or
other service with the agency; and
(2) is not a public servant for the agency but who as a public
servant approved, negotiated, or prepared on behalf of the agency
the terms or specifications of:
(A) the contract; or
(B) the purchase;
commits profiteering from public service, a Level 6 felony.
(c) This section does not apply to negotiations or other activities
related to an economic development grant, loan, or loan guarantee.
(d) This section does not apply if the person receives less than two
hundred fifty dollars ($250) of the profits from the contract or
purchase.
(e) It is a defense to a prosecution under this section that:
(1) the person was screened from any participation in the contract
or purchase;
(2) the person has not received a part of the profits of the contract
or purchase; and
(3) notice was promptly given to the agency of the person's
interest in the contract or purchase.

Legislative History

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.500.