Sec. 2.1. (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

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7

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(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.

As added by P.L.142-2020, SEC.68.