§ 34-24-3-2 — Irrebuttable presumption of retailer's pecuniary loss; insurance or indemnification prohibited

(a) For purposes of determining the amount of
damages recoverable under section 1(1) of this chapter, there is an
irrebuttable presumption that a retailer who brings a civil action under
this chapter (or IC 34-4-30 before its repeal) as the result of a violation
of IC 35-43-4-2 (theft), IC 35-43-4-2.2 (organized retail theft), or IC 35-43-4-3 (conversion) suffers a pecuniary loss in the amount of:
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(B) the actual retail value of the property is less than one
hundred dollars ($100); or
(2) the retailer's actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter (or
IC 34-4-30 before its repeal) for violating IC 35-43-4-2, IC 35-43-4-2.2, or IC 35-43-4-3 may not be indemnified or insured for any
penalties, damages, or settlement arising from the violation.
[Pre-1998 Recodification Citation: 34-4-30-1.5.]

Legislative History

As added by P.L.1-1998, SEC.19. Amended by P.L.185-2023, SEC.3.