§ 35-43-4-5 — Defenses

Indiana § 35-43-4-5

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

Text

(a) An owner in possession of encumbered
property does not commit a crime under this chapter, as against a
person having only a security interest in the property, by removing or
otherwise dealing with the property contrary to the terms of the security
agreement, even if title is in the credit institution under a mortgage,
conditional sales contract, or bailment lease.
(b) It is a defense under this chapter if a maker or drawer:
(1) who has an account in a credit institution but does not have
sufficient funds in that account; and
(2) who makes, draws, or utters a check, draft, or order for
payment on the credit institution;
pays the credit institution the amount due, together with protest fees,
within ten (10) days after receiving notice that the check, draft, or order
has not been paid by the credit institution. Notice sent to either (i) the
address printed or written on the check, draft, or order or (ii) the
address given in writing to the recipient at the time the check, draft, or
order was issued or delivered constitutes notice that the check, draft, or
order has not been paid by the credit institution.
(c) A person who transfers or reproduces recorded sounds in
connection with a broadcast or telecast, or for archival purposes, does
not commit a crime under this chapter, even if he does not have the
consent of the owner of the master recording.
(d) A person who receives, retains, or disposes of personal property
that has been the subject of theft with the purpose of restoring it to the
owner, does not commit a crime under this chapter.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts
1977, P.L.340, SEC.48; Acts 1979, P.L.300, SEC.3; P.L.323-1985,
SEC.1.