Sec. 23. (a) A person who recklessly, knowingly, or intentionally violates this chapter commits a Class A misdemeanor.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 25-30-1.3-23

  • board: refers to the private investigator and security guard licensing board established under Indiana Code 25-30-1.3-1
  • business entity: means a firm, a company, an association, an organization, a partnership, or a corporation. See Indiana Code 25-30-1.3-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: means an individual, a firm, a company, an association, an organization, a partnership, or a corporation. See Indiana Code 25-30-1.3-4
  • security guard agency: means a person that is in the business of providing, for hire or reward, a guard or other individual to:

    Indiana Code 25-30-1.3-5

     (b) A person who is not exempt under section 6 of this chapter, who does not have a security guard agency license, and who recklessly, knowingly, or intentionally:

(1) engages in business as a security guard agency;

(2) solicits or advertises for business as a security guard agency; or

(3) in any way represents to be a security guard agency;

commits a Class A misdemeanor.

     (c) In addition to any other penalty imposed on the person, the court shall fine a person convicted of an offense under subsection (b) the amount of compensation earned by the person in the commission of the offense. Notwithstanding IC 35-50-3-2, the total fine imposed under this section may exceed ten thousand dollars ($10,000) if necessary to comply with this subsection.

     (d) Each transaction under subsection (b) constitutes a separate offense.

     (e) A complaint for a violation of this chapter or for an injunction under section 24 of this chapter is sufficient if the complaint alleges that a person or business entity on a specific day in a specific county:

(1) engaged in business as a security guard agency;

(2) solicited or advertised for business as a security guard agency; or

(3) represented to be a security guard agency;

without a security guard agency license.

     (f) A person who recklessly, knowingly, or intentionally fails or refuses to surrender a security guard agency license issued under this chapter when the license is revoked by action of the board commits a Class A misdemeanor.

As added by P.L.185-2007, SEC.27. Amended by P.L.3-2008, SEC.202.

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