Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor. However, the offense is:
Terms Used In Indiana Code 35-43-4-2
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Felony: A crime carrying a penalty of more than a year in prison.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000);
(B) the property is a:
(ii) motor vehicle (as defined in IC 9-13-2-105(a)); or
(iii) component part (as defined in IC 9-13-2-34) of a motor vehicle; or
(C) the person has a prior unrelated conviction for
(i) theft under this section; or
(ii) criminal conversion under section 3 of this chapter; and
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars ($50,000);
(B) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(i) relates to transportation safety;
(ii) relates to public safety; or
(iii) is taken from a hospital or other health care facility, telecommunications provider, public utility (as defined in IC 32-24-1-5.9(a)), or key facility;
and the absence of the property creates a substantial risk of bodily injury to a person; or
(C) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor vehicle; and
(b) For purposes of this section, “the value of 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.
(c) If the offense described in subsection (a) is committed by a public servant who exerted unauthorized control over public funds (as defined by IC 5-22-2-23) from the public servant’s employer, the employer may be reimbursed in accordance with IC 2-3.5-4-11, IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14, IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14, IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.45; Acts 1979, P.L.300, SEC.2; P.L.320-1985, SEC.1; P.L.158-2009, SEC.8; P.L.158-2013, SEC.463; P.L.152-2014, SEC.1; P.L.166-2017, SEC.2; P.L.176-2018, SEC.6; P.L.203-2019, SEC.6.