IC 35-44 ARTICLE 44. OFFENSES AGAINST PUBLIC
ADMINISTRATION
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 public
servant is authorized by law to accept, with intent to control the
performance of an act related to the employment or function of
the public servant or because of any official act performed or to
be performed by the public servant, former public servant, or
person 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, or
qualified, any property, except property the person is authorized
by law to accept, with intent to control the performance of an
act related to the person's employment or function as a public
servant;
(3) confers, offers, or agrees to confer on a person any property,
except property the person is authorized by law to accept, with
intent to cause that person to control the performance of an act
related to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property the person is authorized by law to accept, with intent
to control the performance of an act related to the employment
or function of a public servant;
(5) confers, offers, or agrees to confer any property on a person
participating or officiating in, or connected with, an athletic
contest, sporting event, or exhibition, with intent that the person
will fail to use the person's best efforts in connection with that
contest, event, or exhibition;
(6) being a person participating or officiating in, or connected
with, an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that the
person will fail to use the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any property,
with intent to:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from the proceeding or investigation
to which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a witness
or informant in an official proceeding or investigation, with
intent that the witness or informant:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the witness or informant
to testify or supply evidence; or
(C) absent himself or herself from any proceeding or
investigation to which the witness or informant has been
legally summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2 or at a convention of a
political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused person
sought 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 public
servant is forbidden by law to perform;
(2) performs an act the public servant is not authorized by law
to perform, with intent to obtain any property for himself or
herself;
(3) knowingly or intentionally solicits, accepts, or agrees to
accept from an appointee or employee any property other than
what the public servant is authorized by law to accept as a
condition of continued employment;
(4) knowingly or intentionally acquires or divests himself or
herself of a pecuniary interest in any property, transaction, or
enterprise or aids another person to do so based on information
obtained by virtue of the public servant's office that official
action that has not been made public is contemplated;
(5) knowingly or intentionally fails to deliver public records and
property in the public servant's custody to the public servant's
successor 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 governmental
entity served by the public servant commits conflict of interest, a
Class D felony.
(b) This section does not prohibit a public servant from receiving
compensation 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 a
pecuniary interest in or deriving a profit from a contract or purchase
connected with the governmental entity served under any of the
following conditions:
(1) If the:
(A) public servant is not a member or on the staff of the
governing body empowered to contract or purchase on
behalf of the governmental entity;
(B) functions and duties performed by the public servant for
the governmental entity are unrelated to the contract or
purchase; and
(C) public servant makes a disclosure under subsection
(d)(1) through (d)(6).
(2) If the contract or purchase involves utility services from a
utility whose rate structure is regulated by the state or federal
government.
(3) If the public servant:
(A) is an elected public servant or a member of the board of
trustees 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 board
of 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 supported
college or university; and
(B) does not have authority to act on behalf of the college or
university in a matter involving a contract or purchase.
(6) If the public servant:
(A) is employed by the governing body of a school
corporation and the contract or purchase involves the
employment of a dependent or the payment of fees to a
dependent; and
(B) makes a disclosure under subsection (d)(1) through
(d)(6).
(7) If the public servant is under the jurisdiction of the state
ethics commission as provided in IC 4-2-6-2.5 and obtains from
the state ethics commission, following full and truthful
disclosure, written approval that the public servant will not or
does not have a conflict of interest in connection with the
contract or purchase under IC 4-2-6 and this section. The
approval required under this subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the
governmental entity served; or
(B) sought by the public servant as soon after the contract or
purchase as the public servant becomes aware of the facts
that 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 the
governmental entity;
(3) describe the pecuniary interest that the public servant has in
the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted by
the governmental entity in a public meeting of the governmental
entity prior to final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on the
contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other
than the state or a state supported college or university, the
clerk of the circuit court in the county where the
governmental entity takes final action on the contract or
purchase; and
(7) contain, if the public servant is appointed, the written
approval of the elected public servant (if any) or the board of
trustees of a state supported college or university (if any) that
appointed the public servant.
(e) The state board of accounts shall forward to the state ethics
commission a copy of all disclosures filed with the board under
IC 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 all
disclosures received by the commission. The index must contain a
listing of each public servant, setting forth the disclosures received
by the commission made by that public servant.
(g) A public servant has a pecuniary interest in a contract or
purchase if the contract or purchase will result or is intended to result
in 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 public
servant.
(h) It is a defense in a prosecution under this section that the
public servant's interest in the contract or purchase and all other
contracts and purchases made by the governmental entity during the
twelve (12) months before the date of the contract or purchase was
two hundred fifty dollars ($250) or less.
(i) Notwithstanding subsection (d), a member of the board of
trustees of a state supported college or university, or a person
appointed by such a board of trustees, complies with the disclosure
requirements of this chapter with respect to the member's or person's
pecuniary interest in a particular type of contract or purchase which
is made on a regular basis from a particular vendor if the member or
person files with the state board of accounts and the board of trustees
a statement of pecuniary interest in that particular type of contract or
purchase made with that particular vendor. The statement required
by this subsection must be made on an annual basis.
(j) This section does not apply to members of the governing board
of a hospital organized or operated under IC 16-22-1 through
IC 16-22-5 or IC 16-23-1.
(k) As used in this section, "dependent" means any of the
following:
(1) The spouse of a public servant.
(2) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) of
a 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 support
is 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 a
public servant or other person employed by a governmental entity or
another person who provides goods or services to a person who is
subject to lawful detention.
(b) A service provider who knowingly or intentionally engages in
sexual intercourse or deviate sexual conduct with a person who is
subject to lawful detention commits sexual misconduct, a Class C
felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or deviate
sexual 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 deviate
sexual 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 the
meaning 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 an
agency within one (1) year after separation from employment or
other service with the agency; and
(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 Class D 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.13-1987, SEC.17. Amended by P.L.9-1990, SEC.15;
P.L.222-2005, SEC.49.
IC 35-44 ARTICLE 44. OFFENSES AGAINST PUBLIC
ADMINISTRATION
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 public
servant is authorized by law to accept, with intent to control the
performance of an act related to the employment or function of
the public servant or because of any official act performed or to
be performed by the public servant, former public servant, or
person 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, or
qualified, any property, except property the person is authorized
by law to accept, with intent to control the performance of an
act related to the person's employment or function as a public
servant;
(3) confers, offers, or agrees to confer on a person any property,
except property the person is authorized by law to accept, with
intent to cause that person to control the performance of an act
related to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property the person is authorized by law to accept, with intent
to control the performance of an act related to the employment
or function of a public servant;
(5) confers, offers, or agrees to confer any property on a person
participating or officiating in, or connected with, an athletic
contest, sporting event, or exhibition, with intent that the person
will fail to use the person's best efforts in connection with that
contest, event, or exhibition;
(6) being a person participating or officiating in, or connected
with, an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that the
person will fail to use the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any property,
with intent to:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from the proceeding or investigation
to which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a witness
or informant in an official proceeding or investigation, with
intent that the witness or informant:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the witness or informant
to testify or supply evidence; or
(C) absent himself or herself from any proceeding or
investigation to which the witness or informant has been
legally summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2 or at a convention of a
political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused person
sought 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 public
servant is forbidden by law to perform;
(2) performs an act the public servant is not authorized by law
to perform, with intent to obtain any property for himself or
herself;
(3) knowingly or intentionally solicits, accepts, or agrees to
accept from an appointee or employee any property other than
what the public servant is authorized by law to accept as a
condition of continued employment;
(4) knowingly or intentionally acquires or divests himself or
herself of a pecuniary interest in any property, transaction, or
enterprise or aids another person to do so based on information
obtained by virtue of the public servant's office that official
action that has not been made public is contemplated;
(5) knowingly or intentionally fails to deliver public records and
property in the public servant's custody to the public servant's
successor 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 governmental
entity served by the public servant commits conflict of interest, a
Class D felony.
(b) This section does not prohibit a public servant from receiving
compensation 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 a
pecuniary interest in or deriving a profit from a contract or purchase
connected with the governmental entity served under any of the
following conditions:
(1) If the:
(A) public servant is not a member or on the staff of the
governing body empowered to contract or purchase on
behalf of the governmental entity;
(B) functions and duties performed by the public servant for
the governmental entity are unrelated to the contract or
purchase; and
(C) public servant makes a disclosure under subsection
(d)(1) through (d)(6).
(2) If the contract or purchase involves utility services from a
utility whose rate structure is regulated by the state or federal
government.
(3) If the public servant:
(A) is an elected public servant or a member of the board of
trustees 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 board
of 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 supported
college or university; and
(B) does not have authority to act on behalf of the college or
university in a matter involving a contract or purchase.
(6) If the public servant:
(A) is employed by the governing body of a school
corporation and the contract or purchase involves the
employment of a dependent or the payment of fees to a
dependent; and
(B) makes a disclosure under subsection (d)(1) through
(d)(6).
(7) If the public servant is under the jurisdiction of the state
ethics commission as provided in IC 4-2-6-2.5 and obtains from
the state ethics commission, following full and truthful
disclosure, written approval that the public servant will not or
does not have a conflict of interest in connection with the
contract or purchase under IC 4-2-6 and this section. The
approval required under this subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the
governmental entity served; or
(B) sought by the public servant as soon after the contract or
purchase as the public servant becomes aware of the facts
that 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 the
governmental entity;
(3) describe the pecuniary interest that the public servant has in
the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted by
the governmental entity in a public meeting of the governmental
entity prior to final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on the
contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other
than the state or a state supported college or university, the
clerk of the circuit court in the county where the
governmental entity takes final action on the contract or
purchase; and
(7) contain, if the public servant is appointed, the written
approval of the elected public servant (if any) or the board of
trustees of a state supported college or university (if any) that
appointed the public servant.
(e) The state board of accounts shall forward to the state ethics
commission a copy of all disclosures filed with the board under
IC 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 all
disclosures received by the commission. The index must contain a
listing of each public servant, setting forth the disclosures received
by the commission made by that public servant.
(g) A public servant has a pecuniary interest in a contract or
purchase if the contract or purchase will result or is intended to result
in 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 public
servant.
(h) It is a defense in a prosecution under this section that the
public servant's interest in the contract or purchase and all other
contracts and purchases made by the governmental entity during the
twelve (12) months before the date of the contract or purchase was
two hundred fifty dollars ($250) or less.
(i) Notwithstanding subsection (d), a member of the board of
trustees of a state supported college or university, or a person
appointed by such a board of trustees, complies with the disclosure
requirements of this chapter with respect to the member's or person's
pecuniary interest in a particular type of contract or purchase which
is made on a regular basis from a particular vendor if the member or
person files with the state board of accounts and the board of trustees
a statement of pecuniary interest in that particular type of contract or
purchase made with that particular vendor. The statement required
by this subsection must be made on an annual basis.
(j) This section does not apply to members of the governing board
of a hospital organized or operated under IC 16-22-1 through
IC 16-22-5 or IC 16-23-1.
(k) As used in this section, "dependent" means any of the
following:
(1) The spouse of a public servant.
(2) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) of
a 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 support
is 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 a
public servant or other person employed by a governmental entity or
another person who provides goods or services to a person who is
subject to lawful detention.
(b) A service provider who knowingly or intentionally engages in
sexual intercourse or deviate sexual conduct with a person who is
subject to lawful detention commits sexual misconduct, a Class C
felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or deviate
sexual 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 deviate
sexual 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 the
meaning 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 an
agency within one (1) year after separation from employment or
other service with the agency; and
(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 Class D 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.13-1987, SEC.17. Amended by P.L.9-1990, SEC.15;
P.L.222-2005, SEC.49.
IC 35-44 ARTICLE 44. OFFENSES AGAINST PUBLIC
ADMINISTRATION
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 public
servant is authorized by law to accept, with intent to control the
performance of an act related to the employment or function of
the public servant or because of any official act performed or to
be performed by the public servant, former public servant, or
person 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, or
qualified, any property, except property the person is authorized
by law to accept, with intent to control the performance of an
act related to the person's employment or function as a public
servant;
(3) confers, offers, or agrees to confer on a person any property,
except property the person is authorized by law to accept, with
intent to cause that person to control the performance of an act
related to the employment or function of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property the person is authorized by law to accept, with intent
to control the performance of an act related to the employment
or function of a public servant;
(5) confers, offers, or agrees to confer any property on a person
participating or officiating in, or connected with, an athletic
contest, sporting event, or exhibition, with intent that the person
will fail to use the person's best efforts in connection with that
contest, event, or exhibition;
(6) being a person participating or officiating in, or connected
with, an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that the
person will fail to use the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any property,
with intent to:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from the proceeding or investigation
to which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a witness
or informant in an official proceeding or investigation, with
intent that the witness or informant:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the witness or informant
to testify or supply evidence; or
(C) absent himself or herself from any proceeding or
investigation to which the witness or informant has been
legally summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2 or at a convention of a
political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is no defense that the person whom the accused person
sought 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 public
servant is forbidden by law to perform;
(2) performs an act the public servant is not authorized by law
to perform, with intent to obtain any property for himself or
herself;
(3) knowingly or intentionally solicits, accepts, or agrees to
accept from an appointee or employee any property other than
what the public servant is authorized by law to accept as a
condition of continued employment;
(4) knowingly or intentionally acquires or divests himself or
herself of a pecuniary interest in any property, transaction, or
enterprise or aids another person to do so based on information
obtained by virtue of the public servant's office that official
action that has not been made public is contemplated;
(5) knowingly or intentionally fails to deliver public records and
property in the public servant's custody to the public servant's
successor 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 governmental
entity served by the public servant commits conflict of interest, a
Class D felony.
(b) This section does not prohibit a public servant from receiving
compensation 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 a
pecuniary interest in or deriving a profit from a contract or purchase
connected with the governmental entity served under any of the
following conditions:
(1) If the:
(A) public servant is not a member or on the staff of the
governing body empowered to contract or purchase on
behalf of the governmental entity;
(B) functions and duties performed by the public servant for
the governmental entity are unrelated to the contract or
purchase; and
(C) public servant makes a disclosure under subsection
(d)(1) through (d)(6).
(2) If the contract or purchase involves utility services from a
utility whose rate structure is regulated by the state or federal
government.
(3) If the public servant:
(A) is an elected public servant or a member of the board of
trustees 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 board
of 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 supported
college or university; and
(B) does not have authority to act on behalf of the college or
university in a matter involving a contract or purchase.
(6) If the public servant:
(A) is employed by the governing body of a school
corporation and the contract or purchase involves the
employment of a dependent or the payment of fees to a
dependent; and
(B) makes a disclosure under subsection (d)(1) through
(d)(6).
(7) If the public servant is under the jurisdiction of the state
ethics commission as provided in IC 4-2-6-2.5 and obtains from
the state ethics commission, following full and truthful
disclosure, written approval that the public servant will not or
does not have a conflict of interest in connection with the
contract or purchase under IC 4-2-6 and this section. The
approval required under this subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the
governmental entity served; or
(B) sought by the public servant as soon after the contract or
purchase as the public servant becomes aware of the facts
that 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 the
governmental entity;
(3) describe the pecuniary interest that the public servant has in
the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted by
the governmental entity in a public meeting of the governmental
entity prior to final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on the
contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other
than the state or a state supported college or university, the
clerk of the circuit court in the county where the
governmental entity takes final action on the contract or
purchase; and
(7) contain, if the public servant is appointed, the written
approval of the elected public servant (if any) or the board of
trustees of a state supported college or university (if any) that
appointed the public servant.
(e) The state board of accounts shall forward to the state ethics
commission a copy of all disclosures filed with the board under
IC 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 all
disclosures received by the commission. The index must contain a
listing of each public servant, setting forth the disclosures received
by the commission made by that public servant.
(g) A public servant has a pecuniary interest in a contract or
purchase if the contract or purchase will result or is intended to result
in 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 public
servant.
(h) It is a defense in a prosecution under this section that the
public servant's interest in the contract or purchase and all other
contracts and purchases made by the governmental entity during the
twelve (12) months before the date of the contract or purchase was
two hundred fifty dollars ($250) or less.
(i) Notwithstanding subsection (d), a member of the board of
trustees of a state supported college or university, or a person
appointed by such a board of trustees, complies with the disclosure
requirements of this chapter with respect to the member's or person's
pecuniary interest in a particular type of contract or purchase which
is made on a regular basis from a particular vendor if the member or
person files with the state board of accounts and the board of trustees
a statement of pecuniary interest in that particular type of contract or
purchase made with that particular vendor. The statement required
by this subsection must be made on an annual basis.
(j) This section does not apply to members of the governing board
of a hospital organized or operated under IC 16-22-1 through
IC 16-22-5 or IC 16-23-1.
(k) As used in this section, "dependent" means any of the
following:
(1) The spouse of a public servant.
(2) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) of
a 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 support
is 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 a
public servant or other person employed by a governmental entity or
another person who provides goods or services to a person who is
subject to lawful detention.
(b) A service provider who knowingly or intentionally engages in
sexual intercourse or deviate sexual conduct with a person who is
subject to lawful detention commits sexual misconduct, a Class C
felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or deviate
sexual 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 deviate
sexual 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 the
meaning 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 an
agency within one (1) year after separation from employment or
other service with the agency; and
(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 Class D 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.13-1987, SEC.17. Amended by P.L.9-1990, SEC.15;
P.L.222-2005, SEC.49.
