Indiana identity theft is prosecuted under the state’s identity deception statute, and a conviction carries six months to six years in prison depending on how much money was lost and how many people were victimized. If your identity has been stolen, you have both state protections (including a special Identity Theft Passport from the Attorney General) and federal rules that cap your liability for fraudulent card charges. What you do in the first few days matters, both for your wallet and for any criminal case.
What Indiana Law Calls Identity Deception
Indiana Code 35-43-5-3.5 makes it a crime to knowingly or intentionally obtain, possess, transfer, or use another person’s identifying information with the intent to harm or defraud someone.1Indiana General Assembly. Indiana Code 35-43-5-3.5 – Identity Deception “Identifying information” is defined broadly: names, Social Security numbers, dates of birth, driver’s license numbers, bank account details, and similar personal data all qualify. The prosecution has to show fraudulent intent. Simply possessing someone’s information isn’t enough by itself.
Indiana previously had a separate synthetic identity deception statute at Indiana Code 35-43-5-3.8, which was repealed in 2021.2Indiana General Assembly. Indiana Code 35-43-5-3.8 – Repealed Cases that blend real data with fabricated information are now charged under the general identity deception statute or other fraud laws.
Penalties and Restitution
The base offense is a Level 6 felony. That means a prison sentence of six months to two and a half years, with an advisory term of one year, plus a possible fine of up to $10,000.3Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony
The charge becomes a Level 5 felony in three situations:1Indiana General Assembly. Indiana Code 35-43-5-3.5 – Identity Deception
- The offender used the identifying information of more than 100 people.
- The fair market value of the fraud or harm caused is at least $50,000.
- The offender used the identifying information of a person under 18 who is their own child, dependent, ward, or someone in their guardianship.
A Level 5 felony carries one to six years in prison, with an advisory sentence of three years, plus a possible fine of up to $10,000.4Indiana General Assembly. Indiana Code 35-50-2-6 – Level 5 Felony The child-victim enhancement matters because parental identity theft is one of the hardest kinds to detect. A parent can run up years of fraudulent debt in a minor’s name before the child ever applies for credit.
Indiana law also allows courts to order restitution covering a victim’s actual losses, including the value of the fraud plus reasonable expenses to repair credit reports and lost wages spent on recovery.5Indiana General Assembly. Indiana Code 35-50-5-3 – Restitution If new expenses surface later, the court can issue additional restitution orders. Courts keep jurisdiction over the convicted person for restitution purposes for five years after sentencing, and the obligation continues even after probation ends.
What to Do First if You’re a Victim
Speed matters. The sooner you report and document the fraud, the smaller your losses and the stronger the evidence trail. Three reports need to happen roughly in parallel.
Report at IdentityTheft.gov
The Federal Trade Commission’s IdentityTheft.gov site is the starting point. It asks questions about the type of fraud, generates a recovery plan tailored to your situation, and produces an FTC Identity Theft Report.6USAGov. Fraud Prevention and Reporting This report is the current version of the old paper Identity Theft Affidavit and is accepted by creditors, banks, and law enforcement. Save digital and printed copies. You’ll use it repeatedly.
File a Police Report
Indiana law requires your local law enforcement agency to take an identity theft report and give you a copy. Bring debt collection letters, credit reports showing unauthorized accounts, and your FTC Identity Theft Report.7Indiana Attorney General. Identity Theft Prevention – Restore The report number is critical because creditors and credit bureaus often require it before they’ll investigate or remove fraudulent accounts. Keep several copies.
File a Complaint With the Indiana Attorney General
The Attorney General’s Identity Theft Unit provides investigative support and can help build cases for prosecution.8Indiana Attorney General. ID Theft Prevention File online, or request a paper form by calling (800) 382-5516.9Indiana Attorney General. ID Theft Prevention – Complaint Form If your identity was also used to file a fraudulent unemployment claim, file a separate report with the Indiana Department of Workforce Development using State Form 57068.
Throughout the process, keep a running log of every call, email, and letter. Record the date, the name of the person you spoke with, and what was said. This habit will save hours of frustration if you need to escalate a dispute or if a creditor claims you never contacted them.
Freezing Credit and Setting Fraud Alerts
Credit freezes and fraud alerts are two separate tools. Using both gives the strongest protection against new fraudulent accounts.
Credit Freezes
A freeze prevents lenders from accessing your credit report, which stops anyone from opening new accounts in your name. Under federal law enacted in 2018, all three major credit bureaus must let you place, lift, and remove a freeze for free.10Federal Trade Commission. New Federal Law Allows Consumers to Place Free Credit Freezes and Yearlong Fraud Alerts Because their databases are independent, you need to contact each bureau separately:11Consumer Financial Protection Bureau. What Is a Credit Freeze or Security Freeze on My Credit Report?
- Equifax: equifax.com/personal/credit-report-services or (800) 685-1111
- Experian: experian.com/freeze or (888) 397-3742
- TransUnion: transunion.com/credit-freeze or (888) 909-8872
When you need to apply for legitimate credit, you can temporarily lift the freeze for a specific lender or time period. By phone or online, the lift takes effect within one hour. By mail, it takes up to three business days. Bureaus may try to sell a paid “credit lock” bundled with monitoring. The free statutory freeze is the better choice.
Fraud Alerts
A fraud alert doesn’t block access to your credit report; it requires lenders to verify your identity before extending new credit. Unlike a freeze, you only contact one bureau, and it notifies the other two.12Equifax. Place a Fraud Alert or Active Duty Alert There are two kinds:
- An initial fraud alert lasts one year, can be renewed, is available to anyone who suspects victimization, and entitles you to one additional free credit report from each bureau during the alert period.
- An extended fraud alert lasts seven years, requires a police report or FTC Identity Theft Report, gives you two free credit reports per bureau per year during the first 12 months, and removes your name from pre-screened credit offers for five years.
Both are free. If you’ve already filed a police report, the extended alert is the practical pick.
Federal Limits on Card and Account Losses
Federal law caps how much you can lose from unauthorized charges, but the rules for credit cards and debit cards are very different. This distinction catches many victims off guard.
Credit Cards
Your maximum liability for unauthorized credit card charges is $50, and you owe nothing for charges made after you report the card compromised.13Office of the Law Revision Counsel. 15 USC 1643 – Liability of Holder of Credit Card Most major issuers waive even that $50 under their own zero-liability policies.
Debit Cards and Bank Accounts
Debit card fraud is governed by the Electronic Fund Transfer Act, and the timing of your report determines your exposure:14Office of the Law Revision Counsel. 15 USC 1693g – Liability of Consumer for Unauthorized Transfers
- Within two business days of learning about the theft: liability caps at $50, or the amount of unauthorized transfers before you notified the bank, whichever is less.
- After two business days but within 60 days of receiving your statement: liability caps at $500.
- After 60 days: you could be responsible for the full amount of unauthorized transfers that occurred after the 60-day window closed.
This is where the real financial danger lives. A thief draining a checking account through unauthorized debit transactions can do more immediate damage than credit card fraud, and if you don’t catch it within 60 days, recovery is much harder. Check statements regularly and consider transaction alerts on every account. The law does allow extensions for extenuating circumstances like hospitalization or extended travel.15Consumer Financial Protection Bureau. Regulation E – Liability of Consumer for Unauthorized Transfers
For fraudulent accounts already on your credit reports, the Fair Credit Reporting Act requires each bureau to investigate and resolve disputes within 30 days. Send disputes in writing to every bureau that shows the account, include your police report and FTC Identity Theft Report, and use certified mail so you have proof of the delivery date.
The Indiana Identity Theft Passport
Indiana’s Attorney General issues an Identity Theft Passport to residents who have filed a valid police report documenting their victimization. The passport is a credential you can carry and present to law enforcement or creditors to prove you are a verified victim. It matters most when the person who stole your identity used your name during an arrest or traffic stop, since it helps officers distinguish you from the person who committed crimes under your identity.
To apply, submit a copy of your police report and a completed application to the Attorney General’s office. Once approved, the passport serves as a portable, recognized record of your identity theft claim.8Indiana Attorney General. ID Theft Prevention An identity thief who is arrested using your name can leave you with a criminal record you didn’t earn, and untangling that without official documentation of your victim status is a long process.
Tax-Related Identity Theft
Tax-related identity theft happens when someone files a fraudulent return using your Social Security number to collect a refund. Most people find out only when the IRS rejects their legitimate return as a duplicate, which can delay a real refund by months.
The IRS offers a free Identity Protection PIN that prevents anyone else from filing under your SSN or ITIN. The PIN is a six-digit code known only to you and the IRS, and you include it on your return each year.16IRS. Get an Identity Protection PIN Anyone with an SSN or ITIN can enroll, not just prior victims. The fastest way is through your IRS online account. If your adjusted gross income is below $84,000 (or $168,000 for married filing jointly) and you can’t create an online account, you can apply using Form 15227. Parents can request IP PINs for dependents. The PIN changes every year, so you retrieve a new one each filing season through your IRS account.
Reporting Social Security Number Misuse
If someone uses your Social Security number for employment, your earnings record at the Social Security Administration may show income you never earned. That can affect your future benefits and create tax complications. Report suspected misuse to the SSA’s Office of the Inspector General online at oig.ssa.gov/report or by calling the fraud hotline at 1-800-269-0271.17Social Security Administration. Fraud Prevention and Reporting If the SSN was used to open accounts or make purchases rather than for employment, the SSA directs victims to report through IdentityTheft.gov first and follow the recovery plan generated there.