Indiana § 35-43-4-2.2 Organized retail theft

Indiana Statutes

§ 35-43-4-2.2 — Organized retail theft

Indiana § 35-43-4-2.2

Art. 43OFFENSES AGAINST PROPERTY

Ch. 4Theft, Conversion, and Receiving Stolen Property

This text of Indiana § 35-43-4-2.2 (Organized retail 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 § 35-43-4-2.2 (2026).

Text

2.

(a)As used in this section, "retail merchant" has the meaning set forth in IC 6-2.5-1-8.

(b)A person who exercises unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale commits organized retail theft, a Level 6 felony.

(c)The offense committed under subsection (b) is a Level 5 felony if:

(1)the value of the property is at least fifty thousand dollars ($50,000);

(2)the property is a firearm; or

(3)the person has a prior unrelated conviction for:

(A)organized retail theft under this section;

(B)theft under section 2 of this chapter; or

(C)criminal conversion under section 3 of this chapter.

(d)In determining the value of the property under this section, acts of organized retail theft committed in

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2. (a) As used in this section, "retail
merchant" has the meaning set forth in IC 6-2.5-1-8.
(b) A person who exercises unauthorized control over the property
of a retail merchant with the intent to directly or indirectly distribute
the property for resale commits organized retail theft, a Level 6 felony.
(c) The offense committed under subsection (b) is a Level 5 felony
if:
(1) the value of the property is at least fifty thousand dollars
($50,000);
(2) the property is a firearm; or
(3) the person has a prior unrelated conviction for:
(A) organized retail theft under this section;
(B) theft under section 2 of this chapter; or
(C) criminal conversion under section 3 of this chapter.
(d) In determining the value of the property under this section, acts
of organized retail theft committed in a single episode of criminal
conduct (as defined in IC 35-50-1-2(b)) may be charged in a single
count.
(e) For purposes of this section, "the value of the 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.