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

Indiana § 34-24-3-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 3: Treble Damages Allowed in Certain Civil Actions by

Text

(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.