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  • Writer's pictureBrandon Hicks

Understanding Indiana's Profiteering from Public Service Law 35-44.1-1-5: A Guide by B. Hicks Law


At B. Hicks Law, we understand that the legal landscape can be complex, and it's our mission to provide our clients with the information and guidance they need to navigate it successfully. In this blog post, we will shed light on Indiana's Profiteering from Public Service Law, a legal provision outlined in IC 35-44.1-1-5. Our aim is to help you understand this law, its implications, and how B. Hicks Law can assist you in any related matters.


What Is Profiteering from Public Service?


Indiana's Profiteering from Public Service Law is designed to prevent individuals from exploiting their former roles in public service for personal gain. Under this law, a "public servant" refers to individuals who have served within a government agency, and "profiteering" is defined as obtaining a pecuniary interest in a contract or purchase with that agency within one year after separation from employment or other service with that agency.


Key Provisions of IC 35-44.1-1-5:


Let's delve into the key provisions of this law:

  1. Obtaining a Pecuniary Interest: To be charged with profiteering from public service, a person must knowingly or intentionally obtain a pecuniary interest in a contract or purchase with an agency within one year after separating from employment or other service with the agency.

  2. Involvement in the Contract or Purchase: The person in question must have been a public servant for the agency and approved, negotiated, or prepared the terms or specifications of the contract or purchase.

  3. Felony Classification: Profiteering from public service is considered a Level 6 felony in Indiana. This means that if convicted, individuals could face serious consequences, including imprisonment and fines.

  4. Exemptions: There are certain exemptions to this law, such as activities related to economic development grants, loans, or loan guarantees. Additionally, the law does not apply if the person receives less than $250 in profits from the contract or purchase.

  5. Defense: It's essential to note that there is a defense against prosecution under this law. If a person was screened from any participation in the contract or purchase, did not receive profits, and promptly notified the agency of their interest, they may not be liable under the Profiteering from Public Service Law.

How B. Hicks Law Can Help:


Navigating legal matters, especially those related to criminal defense, can be challenging. At B. Hicks Law, we are committed to providing expert legal guidance and representation to our clients. Our experienced attorneys have in-depth knowledge of Indiana's laws, including IC 35-44.1-1-5.

If you or someone you know is facing charges related to profiteering from public service, we are here to help. Our team will work diligently to build a strong defense and protect your rights. We can review your case, assess the circumstances, and provide expert legal counsel tailored to your specific situation.


Indiana's Profiteering from Public Service Law, as outlined in IC 35-44.1-1-5, is a crucial legal provision aimed at preventing individuals from exploiting their former roles in public service for personal gain. Understanding the intricacies of this law is vital, and at B. Hicks Law, we are here to assist you with any legal matters related to criminal defense.


If you have questions or need legal representation, don't hesitate to contact us. Our dedicated team of attorneys is ready to provide the guidance and support you need. Your rights and future matter, and we're here to protect them.

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