Indiana § 23-19-5-8 - Violations; felony; assistance in prosecution

§ 23-19-5-8. Violations; felony; assistance in prosecution

Sec. 8. (a) A person who knowingly violates this article, or a rule adopted under this article, commits a Level 5 felony. However, this subsection does not apply to a violation of the following:

(1) The notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5.

(2) IC 23-19-4-13.

(3) Sections 4 and 11 of this chapter.

(b) A person who knowingly violates section 1 of this chapter commits a Level 4 felony if the person harmed, defrauded, misled, or deceived by the violation is at least sixty (60) years of age.

(c) A person who knowingly violates section 1 of this chapter:

(1) while using or taking advantage of; or

(2) in connection with;

a relationship that is based on religious affiliation or worship commits a Level 4 felony.

(d) It is the duty of a prosecuting attorney, as well as of the attorney general, to assist the commissioner upon the commissioner's request in the prosecution to final judgment of a violation of the penal provisions of this article. If the commissioner determines that an action based on the securities division's investigations is meritorious:

(1) the commissioner or a designee empowered by the commissioner shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed;

(2) the commissioner and the securities division shall assist the prosecuting attorney in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy prosecutor appointed by the prosecuting attorney;

(3) a prosecuting attorney to whom facts concerning fraud are referred under subdivision (1) may refer the matter to the attorney general;

(4) if a matter has been referred to the attorney general under subdivision (3), the attorney general may:

(A) file an information in a court with jurisdiction over the matter in the county in which the offense is alleged to have been committed; and

(B) prosecute the alleged offense; and

(5) if a matter has been referred to the attorney general under subdivision (3), the commissioner and the securities division shall assist the attorney general in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy attorney general appointed by the attorney general.

(e) This article does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.

As added by P.L.27-2007, SEC.23. Amended by P.L.156-2009, SEC.23; P.L.146-2013, SEC.2; P.L.158-2013, SEC.267; P.L.168-2014, SEC.34; P.L.158-2022, SEC.7.