Sec. 12. (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;

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7

Terms Used In Indiana Code 25-5.2-2-12

  • Contract: A legal written agreement that becomes binding when signed.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
(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.

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