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Indiana Identity Theft Laws

We use our personal identifying information in so many different areas and contexts these days, which makes the prevalence of identity theft even more frightening. The most basic form of identity theft is when a person uses the identifying information of another person for financial gain. Luckily the Hoosier State has laws in place to help protect citizens from having their identity misused or stolen. Here is a brief summary of Indiana’s identity theft laws.

Identity Theft Laws in Indiana

Another person’s "personal identifying information" could include a person's name, date of birth, address, telephone number, social security number, driver's license number, etc. In Indiana, this doesn’t apply to minors attempting to obtain tobacco or alcohol with a fake ID.

Here are some of Indiana identity theft law specifics:

Code Section

Ind. Code §35-43-5-3.5 (2001)

Classification of Crime/Penalties

Automatic class D felony

Who May Prosecute

Any prosecuting authority

Exemptions to Identity Theft Laws

Criminal statute does not apply to minors seeking to obtain privileges denied to minors

Civil Lawsuit Allowed?


Civil Remedies Available




These days, you can’t be too careful with your personal information. So here are a few basic tips to help protect yourself against identity theft:

  • Always be diligent when reading your credit card statements, bank account statements, and any government statements to check for irregular activity.
  • Monitor your credit report and any posted credit activity.
  • Use only your first and middle initials and last name on preprinted checks and consider having them routed to a post office box.
  • Make your passwords hard to guess by using numbers, capital and lower case letters, and even symbols, and change them frequently. It's best not to write them down or leave them on a personal computer, so using easy to remember acronyms or systems is a good idea.
  • Definitely don't use the same password for all your accounts.
  • Shred all your bills and credit card offers before throwing them away.
  • Beware of telemarketers asking for your social security number, and be wary of giving your personal information over the phone.
  • Avoid stand-alone ATMs and only use those ATMs affiliated with a bank or attached to a building surface.

You can visit FindLaw’s consumer protection section for more information on protecting you from identity theft, scams, or businesses engaging in unfair trade practices. FindLaw's Identity Theft Basics and Stolen Identity articles can also provide more introductory information.

Accused of Identity Theft in Indiana? Speak to an Attorney

Remember, state laws regarding identity theft can change. If you've been accused of identity theft in Indiana, it's a good idea to get in touch with an experienced criminal defense attorney in your area. A skilled criminal defense lawyer can review the facts of your case, explain the law and any possible defenses, and help negotiate with the prosecutor on your behalf.

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