Sec. 23. (a) A person who recklessly, knowingly, or intentionally violates this chapter commits a Class A misdemeanor.
(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.
Structure Indiana Code
Title 25. Professions and Occupations
Article 30. Private Investigator Firms, Security Guards, and Polygraph Examiners
Chapter 1.3. Security Guard Agency Licensing
25-30-1.3-2. "Business Entity"
25-30-1.3-5. "Security Guard Agency"
25-30-1.3-6. "Industrial Plant"; Application
25-30-1.3-7. Necessity of License
25-30-1.3-9. Qualifications for License; Grounds for Denial
25-30-1.3-10. Change in Ownership; Termination of License
25-30-1.3-11. Continuation of Business After Death of Licensee
25-30-1.3-12. Form of License; Pocket Card; Change of Information; Assignment of License
25-30-1.3-13. Employees of Licensee
25-30-1.3-17. Expiration; Renewal; Reinstatement
25-30-1.3-19. Administrative Proceedings; Violations; Sanctions
25-30-1.3-20. Carrying Weapons
25-30-1.3-21. Action to Collect Fees; Burden of Proving Licensure or Exemption
25-30-1.3-22. Prosecuting Attorneys; Reporting Violations
25-30-1.3-23. Violations; Fines; Separate Offenses; Complaints
25-30-1.3-24. Activities by Unlicensed Persons; Show Cause Notice; Cease and Desist Order