Introduced Version






HOUSE BILL No. 1595

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-44-2-3 ; IC 35-45-13-2.

Synopsis: Impersonation of a public servant. Makes it a Class D felony for a person who is not a law enforcement officer or law enforcement agency to publish, through a telecommunications service, a communication that is reasonably likely to be mistaken or confused for a communication by a law enforcement officer or law enforcement agency. Expands the definition of "publish" to include publication by a computer system or computer network.

Effective: July 1, 2001.





Smith V, Alderman, Tincher




    January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1595



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-44-2-3; (01)IN1595.1.1. -->     SECTION 1. IC 35-44-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person who falsely represents that the person is a public servant, with intent to mislead and induce another person to submit to false official authority or otherwise to act to the other person's detriment in reliance on the false representation commits impersonation of a public servant, a Class A misdemeanor. However, a person who falsely represents that the person is:
        (1) a law enforcement officer; or
        (2) an agent or employee of the department of state revenue, and collects any property from another person;
commits a Class D felony.
     (b) A person who:
        (1) is not a law enforcement officer or law enforcement agency; and
        (2) knowingly or intentionally publishes (as defined in IC 35-45-13-2 ) through a telecommunications service (as

defined in IC 35-45-13-4 ) a communication or dissemination of information that is reasonably likely to be mistaken or confused for a communication or dissemination of information by a law enforcement officer or law enforcement agency;
commits impersonation of a public servant by telecommunications, a Class D felony. It is a defense to this subsection that the person had the consent of a law enforcement officer or law enforcement agency to represent that the communication or dissemination of information was the communication or dissemination of a law enforcement officer or law enforcement agency.

SOURCE: IC 35-45-13-2; (01)IN1595.1.2. -->     SECTION 2. IC 35-45-13-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this chapter, "publish" means the communication or dissemination of information to at least one (1) person by any of the following methods:
        (1) Orally.
        (2) In person.
        (3) By telephone, radio, or television.
        (4) In a writing of any kind, including a letter, memorandum, circular handbill, newspaper, magazine article, or book.
         (5) By a computer system (as defined in IC 35-43-2-3 ) or computer network (as defined in IC 35-43-2-3 ).
SOURCE: ; (01)IN1595.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2001] IC 35-44-2-3 and IC 35-45-13-2 , both as amended by this act, apply only to offenses committed after June 30, 2001.