Indiana Code 35-43-4-2.2. Organized retail theft
(b) A person who exercises unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale commits organized retail theft, a Level 6 felony.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 35-43-4-2.2
- 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.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(1) the value of the property is at least fifty thousand dollars ($50,000);
(2) the property is a firearm; or
(3) the person has a prior unrelated conviction for:
(A) organized retail theft under this section;
(B) theft under section 2 of this chapter; or
(C) criminal conversion under section 3 of this chapter.
(d) In determining the value of the property under this section, acts of organized retail theft committed in a single episode of criminal conduct (as defined in IC 35-50-1-2(b)) may be charged in a single count.
(e) For purposes of this section, “the value of the 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.
As added by P.L.185-2023, SEC.7.