§ 35-43-4-9 — Foreclosure mischief

Indiana § 35-43-4-9

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

Text

(a) This section applies only to real property in
foreclosure.
(b) The following definitions apply throughout this section:
(1) "Damages, permanently removes an object from, or defaces
real property" means to damage, permanently remove, or deface
one (1) or more of the following:
(A) Fixtures (as defined in IC 26-1-2.1-309) of the real
property.
(B) A component or subsystem of the heating, ventilation, or air
conditioning system of the real property.
(C) Wiring of the real property.
(D) Pipes, fittings, or another part of the plumbing system of the
real property.
(E) The structure, including the roof and foundation, of the real
property.
(F) The windows of the real property.
(G) The floors, ceilings, walls, or doors of the real property.
(H) The landscaping of the real property.
(I) An unattached structure, carport, patio, fence, or swimming
pool located on the real property.
(2) "Real property in foreclosure" means real property with
respect to which a foreclosure action has been filed or joined by
a person having a security interest in the property that is used to
secure:
(A) a mortgage;
(B) a land contract; or
(C) another agreement similar to a mortgage or a land contract.
The term does not include property that is the subject of a
foreclosure action brought by a person having any other type of
security interest in the property, including a mechanic's lien, a tax
lien, or a lien placed by a homeowners association, unless the
property is also the subject of a foreclosure action described in
clauses (A) through (C).
(c) A person who knowingly or intentionally damages, permanently
removes an object from, or defaces real property in foreclosure
commits foreclosure mischief, a Class B misdemeanor. However, the
offense is:
(1) a Class A misdemeanor if the pecuniary loss is at least seven
hundred fifty dollars ($750) but less than fifty thousand dollars
($50,000); and
(2) a Level 6 felony if the pecuniary loss is at least fifty thousand
dollars ($50,000).
(d) It is a defense to a prosecution under this section that the
damage, removal, or defacement was the result of repair, renovation,
replacement, or maintenance performed in good faith.

Legislative History

As added by P.L.32-2016, SEC.2.