Indiana § 35-43-4-2.1 Organized theft

Indiana Statutes

§ 35-43-4-2.1 — Organized theft

Indiana § 35-43-4-2.1

Art. 43OFFENSES AGAINST PROPERTY

Ch. 4Theft, Conversion, and Receiving Stolen Property

This text of Indiana § 35-43-4-2.1 (Organized theft) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-43-4-2.1 (2026).

Text

1.

(a)A person who, with the intent to commit theft under section 2 of this chapter:

(1)agrees with at least two (2) other persons to commit theft; and

(2)performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony.

(b)It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed:

(1)has not been prosecuted;

(2)has not been convicted;

(3)has been acquitted;

(4)has been convicted of a different crime;

(5)cannot be prosecuted for any reason; or

(6)lacked the capacity to commit the crime.

(c)A person may not be convicted of an offense under this section and:

(1)an attempt to commit theft; or

(2)a conspiracy to commit theft; with respect to the same underlying theft.

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1. (a) A person who, with the intent to commit
theft under section 2 of this chapter:
(1) agrees with at least two (2) other persons to commit theft; and
(2) performs an overt act in furtherance of the agreement;
commits organized theft, a Level 6 felony.
(b) It is not a defense to a prosecution under this section that one (1)
or more persons with whom the accused person is alleged to have
agreed:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
(c) A person may not be convicted of an offense under this section
and:
(1) an attempt to commit theft; or
(2) a conspiracy to commit theft;
with respect to the same underlying theft.