Indiana Code 35-44.1-1-5. Profiteering from public service
(b) A person who knowingly or intentionally:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 35-44.1-1-5
- Contract: A legal written agreement that becomes binding when signed.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.
As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.500.