CHAPTER 1. BRIBERY, CONFLICT OF INTEREST, AND OFFICIAL MISCONDUCT
IC 35-44
ARTICLE 44. OFFENSES AGAINST PUBLICADMINISTRATION
IC 35-44-1
Chapter 1. Bribery, Conflict of Interest, and Official Misconduct
IC 35-44-1-1
Bribery
Sec. 1. (a) A person who:
(1) confers, offers, or agrees to confer on a public servant,either before or after the public servant becomes appointed,elected, or qualified, any property except property the publicservant is authorized by law to accept, with intent to control theperformance of an act related to the employment or function ofthe public servant or because of any official act performed or tobe performed by the public servant, former public servant, orperson selected to be a public servant;
(2) being a public servant, solicits, accepts, or agrees to accept,either before or after the person becomes appointed, elected, orqualified, any property, except property the person is authorizedby law to accept, with intent to control the performance of anact related to the person's employment or function as a publicservant;
(3) confers, offers, or agrees to confer on a person any property,except property the person is authorized by law to accept, withintent to cause that person to control the performance of an actrelated to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, exceptproperty the person is authorized by law to accept, with intentto control the performance of an act related to the employmentor function of a public servant;
(5) confers, offers, or agrees to confer any property on a personparticipating or officiating in, or connected with, an athleticcontest, sporting event, or exhibition, with intent that the personwill fail to use the person's best efforts in connection with thatcontest, event, or exhibition;
(6) being a person participating or officiating in, or connectedwith, an athletic contest, sporting event, or exhibition, solicits,accepts, or agrees to accept any property with intent that theperson will fail to use the person's best efforts in connectionwith that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding orinvestigation, solicits, accepts, or agrees to accept any property,with intent to:
(A) withhold any testimony, information, document, orthing;
(B) avoid legal process summoning the person to testify orsupply evidence; or (C) absent the person from the proceeding or investigationto which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a witnessor informant in an official proceeding or investigation, withintent that the witness or informant:
(A) withhold any testimony, information, document, orthing;
(B) avoid legal process summoning the witness or informantto testify or supply evidence; or
(C) absent himself or herself from any proceeding orinvestigation to which the witness or informant has beenlegally summoned; or
(9) confers or offers or agrees to confer any property on anindividual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for oragainst a public question;
in an election described in IC 3-5-1-2 or at a convention of apolitical party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused personsought to control was not qualified to act in the desired way.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.53; P.L.103-2005, SEC.41; P.L.222-2005, SEC.47;P.L.1-2006, SEC.532.
IC 35-44-1-2
Official misconduct
Sec. 2. A public servant who:
(1) knowingly or intentionally performs an act that the publicservant is forbidden by law to perform;
(2) performs an act the public servant is not authorized by lawto perform, with intent to obtain any property for himself orherself;
(3) knowingly or intentionally solicits, accepts, or agrees toaccept from an appointee or employee any property other thanwhat the public servant is authorized by law to accept as acondition of continued employment;
(4) knowingly or intentionally acquires or divests himself orherself of a pecuniary interest in any property, transaction, orenterprise or aids another person to do so based on informationobtained by virtue of the public servant's office that officialaction that has not been made public is contemplated;
(5) knowingly or intentionally fails to deliver public records andproperty in the public servant's custody to the public servant'ssuccessor in office when that successor qualifies; or
(6) knowingly or intentionally violates IC 36-6-4-17(b);
commits official misconduct, a Class D felony.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.54; Acts 1980, P.L.73, SEC.2; P.L.34-1992, SEC.2;
P.L.222-2005, SEC.48.
IC 35-44-1-3
Conflict of interest
Sec. 3. (a) A public servant who knowingly or intentionally:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with an action by the governmentalentity served by the public servant commits conflict of interest, aClass D felony.
(b) This section does not prohibit a public servant from receivingcompensation for:
(1) services provided as a public servant; or
(2) expenses incurred by the public servant as provided by law.
(c) This section does not prohibit a public servant from having apecuniary interest in or deriving a profit from a contract or purchaseconnected with the governmental entity served under any of thefollowing conditions:
(1) If the:
(A) public servant is not a member or on the staff of thegoverning body empowered to contract or purchase onbehalf of the governmental entity;
(B) functions and duties performed by the public servant forthe governmental entity are unrelated to the contract orpurchase; and
(C) public servant makes a disclosure under subsection(d)(1) through (d)(6).
(2) If the contract or purchase involves utility services from autility whose rate structure is regulated by the state or federalgovernment.
(3) If the public servant:
(A) is an elected public servant or a member of the board oftrustees of a state supported college or university; and
(B) makes a disclosure under subsection (d)(1) through(d)(6).
(4) If the public servant:
(A) was appointed by an elected public servant or the boardof trustees of a state supported college or university; and
(B) makes a disclosure under subsection (d)(1) through(d)(7).
(5) If the public servant:
(A) acts in only an advisory capacity for a state supportedcollege or university; and
(B) does not have authority to act on behalf of the college oruniversity in a matter involving a contract or purchase.
(6) If the public servant:
(A) is employed by the governing body of a schoolcorporation and the contract or purchase involves theemployment of a dependent or the payment of fees to adependent; and (B) makes a disclosure under subsection (d)(1) through(d)(6).
(7) If the public servant is under the jurisdiction of the stateethics commission as provided in IC 4-2-6-2.5 and obtains fromthe state ethics commission, following full and truthfuldisclosure, written approval that the public servant will not ordoes not have a conflict of interest in connection with thecontract or purchase under IC 4-2-6 and this section. Theapproval required under this subdivision must be:
(A) granted to the public servant before action is taken inconnection with the contract or purchase by thegovernmental entity served; or
(B) sought by the public servant as soon after the contract orpurchase as the public servant becomes aware of the factsthat give rise to a question of conflict of interest.
(d) A disclosure required by this section must:
(1) be in writing;
(2) describe the contract or purchase to be made by thegovernmental entity;
(3) describe the pecuniary interest that the public servant has inthe contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted bythe governmental entity in a public meeting of the governmentalentity prior to final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on thecontract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity otherthan the state or a state supported college or university, theclerk of the circuit court in the county where thegovernmental entity takes final action on the contract orpurchase; and
(7) contain, if the public servant is appointed, the writtenapproval of the elected public servant (if any) or the board oftrustees of a state supported college or university (if any) thatappointed the public servant.
(e) The state board of accounts shall forward to the state ethicscommission a copy of all disclosures filed with the board underIC 16-22-2 through IC 16-22-5, IC 16-23-1, or this section.
(f) The state ethics commission shall maintain an index of alldisclosures received by the commission. The index must contain alisting of each public servant, setting forth the disclosures receivedby the commission made by that public servant.
(g) A public servant has a pecuniary interest in a contract orpurchase if the contract or purchase will result or is intended to resultin an ascertainable increase in the income or net worth of:
(1) the public servant; or
(2) a dependent of the public servant who:
(A) is under the direct or indirect administrative control of
the public servant; or
(B) receives a contract or purchase order that is reviewed,approved, or directly or indirectly administered by the publicservant.
(h) It is a defense in a prosecution under this section that thepublic servant's interest in the contract or purchase and all othercontracts and purchases made by the governmental entity during thetwelve (12) months before the date of the contract or purchase wastwo hundred fifty dollars ($250) or less.
(i) Notwithstanding subsection (d), a member of the board oftrustees of a state supported college or university, or a personappointed by such a board of trustees, complies with the disclosurerequirements of this chapter with respect to the member's or person'specuniary interest in a particular type of contract or purchase whichis made on a regular basis from a particular vendor if the member orperson files with the state board of accounts and the board of trusteesa statement of pecuniary interest in that particular type of contract orpurchase made with that particular vendor. The statement requiredby this subsection must be made on an annual basis.
(j) This section does not apply to members of the governing boardof a hospital organized or operated under IC 16-22-1 throughIC 16-22-5 or IC 16-23-1.
(k) As used in this section, "dependent" means any of thefollowing:
(1) The spouse of a public servant.
(2) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) ofa public servant who is:
(A) unemancipated; and
(B) less than eighteen (18) years of age.
(3) Any individual more than one-half (1/2) of whose supportis provided during a year by the public servant.
As added by Acts 1978, P.L.144, SEC.7. Amended by Acts 1981,P.L.304, SEC.1; P.L.329-1983, SEC.1; P.L.66-1987, SEC.28;P.L.13-1987, SEC.16; P.L.183-1988, SEC.1; P.L.109-1988, SEC.3;P.L.197-1989, SEC.3; P.L.2-1993, SEC.185; P.L.22-1995, SEC.3;P.L.1-1997, SEC.149.
IC 35-44-1-4
Repealed
(Repealed by P.L.329-1983, SEC.2.)
IC 35-44-1-5
Sexual misconduct by service provider with detainee
Sec. 5. (a) As used in this section, "service provider" means apublic servant or other person employed by a governmental entity oranother person who provides goods or services to a person who issubject to lawful detention.
(b) A service provider who knowingly or intentionally engages insexual intercourse or deviate sexual conduct with a person who issubject to lawful detention commits sexual misconduct, a Class C
felony.
(c) A service provider at least eighteen (18) years of age whoknowingly or intentionally engages in sexual intercourse or deviatesexual conduct with a person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention;
commits sexual misconduct, a Class B felony.
(d) It is not a defense that an act described in subsection (b) or (c)was consensual.
(e) This section does not apply to sexual intercourse or deviatesexual conduct between spouses.
As added by P.L.324-1987, SEC.1. Amended by P.L.69-2007, SEC.1.
IC 35-44-1-7
Profiteering from public service; pecuniary interest; application
Sec. 7. (a) As used in this section, "pecuniary interest" has themeaning set forth in section 3(g) of this chapter.
(b) A person who knowingly or intentionally:
(1) obtains a pecuniary interest in a contract or purchase with anagency within one (1) year after separation from employment orother service with the agency; and
(2) is not a public servant for the agency but who as a publicservant approved, negotiated, or prepared on behalf of theagency the terms or specifications of:
(A) the contract; or
(B) the purchase;
commits profiteering from public service, a Class D felony.
(c) This section does not apply to negotiations or other activitiesrelated to an economic development grant, loan, or loan guarantee.
(d) This section does not apply if the person receives less than twohundred fifty dollars ($250) of the profits from the contract orpurchase.
(e) It is a defense to a prosecution under this section that:
(1) the person was screened from any participation in thecontract or purchase;
(2) the person has not received a part of the profits of thecontract or purchase; and
(3) notice was promptly given to the agency of the person'sinterest in the contract or purchase.
As added by P.L.13-1987, SEC.17. Amended by P.L.9-1990, SEC.15;P.L.222-2005, SEC.49.