Sec. 1. (a) As used in this chapter, “exert control over property” means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property.

     (b) Under this chapter, a person’s control over property of another person is “unauthorized” if it is exerted:

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Terms Used In Indiana Code 35-43-4-1

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(1) without the other person’s consent;

(2) in a manner or to an extent other than that to which the other person has consented;

(3) by transferring or encumbering other property while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of that other property;

(4) by creating or confirming a false impression in the other person;

(5) by failing to correct a false impression that the person knows is influencing the other person, if the person stands in a relationship of special trust to the other person;

(6) by promising performance that the person knows will not be performed;

(7) by expressing an intention to damage the property or impair the rights of any other person; or

(8) by transferring or reproducing:

(A) recorded sounds; or

(B) a live performance;

without consent of the owner of the master recording or the live performance, with intent to distribute the reproductions for a profit.

     (c) As used in this chapter, “receiving” means acquiring possession or control of or title to property, or lending on the security of property.

As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.44; Acts 1979, P.L.300, SEC.1; P.L.180-1991, SEC.7; P.L.32-2021, SEC.95.