IC 25-5.2-2-12: Misconduct by athlete agent

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.