§ 35-43-4-2 — Theft

Indiana § 35-43-4-2

• Jurisdiction: Indiana
• Art. 43: OFFENSES AGAINST PROPERTY
• Ch. 4: Theft, Conversion, and Receiving Stolen Property

Text

(a) A person who knowingly or intentionally
exerts unauthorized control over property of another person, with intent
to deprive the other person of any part of its value or use, commits
theft, a Class A misdemeanor. However, the offense is:
(1) a Level 6 felony if:
(A) the value of the property is at least seven hundred fifty
dollars ($750) and less than fifty thousand dollars ($50,000);
(B) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor
vehicle; or
(C) the person has a prior unrelated conviction for:
(i) theft under this section;
(ii) criminal conversion under section 3 of this chapter;
(iii) robbery under IC 35-42-5-1; or
(iv) burglary under IC 35-43-2-1;
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars
($50,000);
(B) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(i) relates to transportation safety;
(ii) relates to public safety; or
(iii) is taken from a hospital or other health care facility,
telecommunications provider, public utility (as defined in IC 32-24-1-5.9(a)), or critical infrastructure facility;
and the absence of the property creates a substantial risk of
bodily injury to a person; or
(C) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor
vehicle; and
the person has a prior unrelated conviction for theft of a motor
vehicle (as defined in IC 9-13-2-105(a)) or theft of a component
part (as defined in IC 9-13-2-34); and
(3) a Level 5 felony if the property is a firearm.
(b) For purposes of this section, "the value of property" means:
(1) the fair market value of the property at the time and place the
offense was committed; or
(2) if the fair market value of the property cannot be satisfactorily
determined, the cost to replace the property within a reasonable
time after the offense was committed.
A price tag or price marking on property displayed or offered for sale
constitutes prima facie evidence of the value of the property.
(c) If the offense described in subsection (a) is committed by a
public servant who exerted unauthorized control over public funds (as
defined by IC 5-22-2-23) from the public servant's employer, the
employer may be reimbursed in accordance with IC 2-3.5-4-11, IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14, IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14, IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts
1977, P.L.340, SEC.45; Acts 1979, P.L.300, SEC.2; P.L.320-1985,
SEC.1; P.L.158-2009, SEC.8; P.L.158-2013, SEC.463; P.L.152-2014,
SEC.1; P.L.166-2017, SEC.2; P.L.176-2018, SEC.6; P.L.203-2019,
SEC.6; P.L.211-2019, SEC.46; P.L.276-2019, SEC.6; P.L.70-2021,
SEC.3; P.L.175-2022, SEC.7.