Sec. 12. (a) Except as provided in subsection (c), an athlete agent who, with the intent to influence a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to enter into an agency contract:
(1) gives any materially false or misleading information or makes a materially false promise or representation;
(2) furnishes anything of value to an athlete before the athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than the athlete or another registered athlete agent;
commits a Level 6 felony. An athlete agent who encourages an individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony.
(b) An athlete agent who intentionally:
(1) initiates contact, directly or indirectly, with a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this article;
(2) refuses or fails to retain or permit inspection of the records required to be retained by section 11 of this chapter;
(3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in an application for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the athlete ineligible to participate as a student athlete in that sport;
commits a Level 6 felony. An athlete agent who encourages another individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony.
(c) An athlete agent registered under this article who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are:
(1) for the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;
(2) of a type authorized to be paid by a certified agent by the national association that certified the agent;
(3) for a purpose authorized by the national association that certified the agent; and
(4) with respect to an athlete who is a high school student, allowed by the interscholastic association that determines eligibility for the athlete.
As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.281; P.L.95-2019, SEC.8.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 2. Athlete Agent Registration
25-5.2-2-1. Service of Process
25-5.2-2-2. Certificate of Registration
25-5.2-2-3. Application for Registration; Agents Licensed in Other States
25-5.2-2-4. Issuance of Certificate of Registration; Renewal of Registration
25-5.2-2-5. Suspension, Revocation, or Refusal to Renew Certificate of Registration
25-5.2-2-6. Temporary Certificate of Registration
25-5.2-2-7. Fee for Renewal of Registration
25-5.2-2-9. Agency Contracts; Student Athletes
25-5.2-2-10. Cancellation of Agency Contract
25-5.2-2-11. Retention of Records by Athlete Agents
25-5.2-2-12. Misconduct by Athlete Agent