IC 35-40-14
    Chapter 14. Rights of Victims of Identity Deception

IC 35-40-14-1
"Identity theft"
    Sec. 1. As used in this chapter, "identity theft" means:
        (1) identity deception (IC 35-43-5-3.5);
        (2) synthetic identity deception (IC 35-43-5-3.8); or
        (3) a substantially similar crime committed in anotherjurisdiction.
As added by P.L.137-2009, SEC.11.

IC 35-40-14-2
"Unit"
    Sec. 2. As used in this chapter, "unit" refers to the identity theftunit established under IC 4-6-13-2.
As added by P.L.137-2009, SEC.11.

IC 35-40-14-3
Duties of law enforcement agencies concerning identity theft
    Sec. 3. (a) A person who has learned or reasonably suspects thatthe person has been the victim of identity theft may contact the locallaw enforcement agency that has jurisdiction over the person'sresidence. The local law enforcement agency shall take an officialreport of the matter and provide the complainant with a copy of thatreport. Even if jurisdiction lies elsewhere for investigation andprosecution of a crime of theft, the local law enforcement agencyshall take the complaint and provide the person with a copy of thecomplaint. The law enforcement authority may refer the complaintto a law enforcement agency in a different jurisdiction.
    (b) This section does not affect the discretion of a local lawenforcement agency to allocate resources for investigation of crimes.A complaint filed under this section is not required to be counted asan open case for purposes of compiling open case statistics.
As added by P.L.137-2009, SEC.11.

IC 35-40-14-4
Protections for victims of identity theft
    Sec. 4. (a) A person who is injured by a crime of identity theft orwho has filed a police report alleging commission of an offense ofidentity theft may file an application with the court in the jurisdictionwhere the person resides for the issuance of a court order declaringthat the person is a victim of identity theft. A person may file anapplication under this section regardless of whether the person isable to identify each person who allegedly obtained, possessed,transferred, or used the person's identifying information in anunlawful manner.
    (b) A person filing an application under subsection (a) shall filea copy of the application with the unit. The unit may appear at andpresent evidence in a hearing conducted under this section if the unit

determines that a court order declaring the applicant a victim ofidentity theft would be inappropriate.
    (c) A person is presumed to be a victim of identity theft under thissection if another person is charged with and convicted of an offenseof identity theft for unlawfully obtaining, possessing, transferring, orusing the person's identifying information.
    (d) After notice and hearing, if the court is satisfied by apreponderance of the evidence that the applicant has been injured bya crime of identity theft, the court shall enter an order containing:
        (1) a declaration that the person filing the application is a victimof identity theft resulting from the commission of a crime ofidentity theft;
        (2) any known information identifying the violator or personcharged with the offense;
        (3) the specific personal identifying information and any relateddocument or record used to commit the alleged offense; and
        (4) information identifying any financial account or transactionaffected by the alleged offense, including:
            (A) the name of the financial institution in which the accountis established or of the merchant or creditor involved in thetransaction, as appropriate;
            (B) any relevant account numbers;
            (C) the dollar amount of the account or transaction affectedby the alleged offense; and
            (D) the date or dates of the offense.
    (e) Except as provided in subsection (h), an order issued underthis section must be sealed because of the confidential nature of theinformation required to be included in the order. The order may beopened and the order or a copy of the order may be released only:
        (1) to the proper officials in a civil proceeding brought by oragainst the victim arising or resulting from the commission ofa crime of identity theft, including a proceeding to set aside ajudgment obtained against the victim;
        (2) to the victim for the purpose of submitting the copy of theorder to a governmental entity or private business to:
            (A) prove that a financial transaction or account of thevictim was directly affected by the commission of a crime ofidentity theft; and
            (B) correct any record of the entity or business that containsinaccurate or false information as a result of the offense;
        (3) on order of the judge; or
        (4) as otherwise required by law.
    (f) A court at any time may vacate an order issued under thissection if the court finds that the application or any informationsubmitted to the court by the applicant contains a fraudulentmisrepresentation or a material misrepresentation of fact.
    (g) Except as provided in subsection (h), a copy of the orderprovided to a person under subsection (e)(1) must remain sealedthroughout and after the civil proceeding. Information contained ina copy of an order provided to a governmental entity or business

under subsection (e)(2) is confidential and may not be released toanother person except as otherwise required by law.
    (h) The following information regarding an application filedunder this section may be released to the public:
        (1) The name of the applicant.
        (2) The county of residence of the applicant.
        (3) Whether the application was approved or denied by thecourt.
As added by P.L.137-2009, SEC.11.