CHAPTER 4. THEFT, CONVERSION, AND RECEIVING STOLEN PROPERTY
IC 35-43-4
Chapter 4. Theft, Conversion, and Receiving Stolen Property
IC 35-43-4-1
Definitions
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:
(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.
IC 35-43-4-2
Theft; receiving stolen property
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 D felony. However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred
thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of
bodily injury to a person.
(b) A person who knowingly or intentionally receives, retains, or
disposes of the property of another person that has been the subject
of theft commits receiving stolen property, a Class D felony.
However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred
thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of
bodily injury to a person.
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.
IC 35-43-4-2.3
Dealing in altered property
Sec. 2.3. (a) As used in this section, "dealer" means a person who
buys or sells, or offers to buy or sell, personal property. The term
does not include the original retailer of personal property.
(b) A dealer who recklessly, knowingly, or intentionally buys or
sells personal property in which the identification number or
manufacturer's serial number has been removed, altered, obliterated,
or defaced commits dealing in altered property, a Class A
misdemeanor. However the offense is a Class D felony if the dealer
has a prior conviction of an offense under this chapter or if the fair
market value of the property is at least one thousand dollars ($1,000).
As added by P.L.294-1989, SEC.2.
IC 35-43-4-2.5
Auto theft; receiving stolen auto parts
Sec. 2.5. (a) As used in this section, "motor vehicle" has the
meaning set forth in IC 9-13-2-105(a).
(b) A person who knowingly or intentionally exerts unauthorized
control over the motor vehicle of another person, with intent to
deprive the owner of:
(1) the vehicle's value or use; or
(2) a component part (as defined in IC 9-13-2-34) of the
vehicle;
commits auto theft, a Class D felony. However, the offense is a Class
C felony if the person has a prior conviction of an offense under this
subsection or subsection (c).
(c) A person who knowingly or intentionally receives, retains, or
disposes of a motor vehicle or any part of a motor vehicle of another
person that has been the subject of theft commits receiving stolen
auto parts, a Class D felony. However, the offense is a Class C
felony if the person has a prior conviction of an offense under this
subsection or subsection (b).
As added by P.L.321-1985, SEC.1. Amended by P.L.136-1987,
SEC.6; P.L.2-1991, SEC.106.
IC 35-43-4-2.7
Unlawful entry of motor vehicle; defense; rebuttable presumption
Sec. 2.7. (a) This section does not apply to the following:
(1) A public safety officer (as defined in IC 35-47-4.5-3) or
state police motor carrier inspector acting within the scope of
the officer's or inspector's duties.
(2) A motor vehicle that must be moved because the motor
vehicle is abandoned, inoperable, or improperly parked.
(3) An employee or agent of an entity that possesses a valid lien
on a motor vehicle who is expressly authorized by the
lienholder to repossess the motor vehicle based upon the failure
of the owner or lessee of the motor vehicle to abide by the terms
and conditions of the loan or lease agreement.
(b) As used in this section, "authorized operator" means a person
who is authorized to operate a motor vehicle by an owner or a lessee
of the motor vehicle.
(c) As used in this section, "motor vehicle" has the meaning set
forth in IC 9-13-2-105(a).
(d) A person who:
(1) enters a motor vehicle knowing that the person does not
have the permission of an owner, a lessee, or an authorized
operator of the motor vehicle to enter the motor vehicle; and
(2) does not have a contractual interest in the motor vehicle;
commits unauthorized entry of a motor vehicle, a Class B
misdemeanor.
(e) The offense under subsection (d) is:
(1) a Class A misdemeanor if the motor vehicle has visible
steering column damage or ignition switch alteration as a result
of an act described in subsection (d)(1); or
(2) a Class D felony if a person occupies the motor vehicle
while the motor vehicle is used to further the commission of a
crime, if the person knew or should have known that a person
intended to use the motor vehicle in the commission of a crime.
(f) It is a defense to a prosecution under this section that the
accused person reasonably believed that the person's entry into the
vehicle was necessary to prevent bodily injury or property damage.
(g) There is a rebuttable presumption that the person did not have
the permission of an owner, a lessee, or an authorized operator of the
motor vehicle to enter the motor vehicle if the motor vehicle has
visible steering column damage or ignition switch alteration.
As added by P.L.143-2005, SEC.1.
IC 35-43-4-3
Conversion
Sec. 3. (a) A person who knowingly or intentionally exerts
unauthorized control over property of another person commits
criminal conversion, a Class A misdemeanor.
(b) The offense under subsection (a) is a Class D felony if
committed by a person who exerts unauthorized control over the
motor vehicle of another person with the intent to use the motor
vehicle to assist the person in the commission of a crime.
(c) The offense under subsection (a) is a Class C felony if:
(1) committed by a person who exerts unauthorized control over
the motor vehicle of another person; and
(2) the person uses the motor vehicle to assist the person in the
commission of a felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.46; P.L.143-2005, SEC.2.
IC 35-43-4-3.5
Failure to return or pay for articles borrowed from library,
gallery, museum, collection, or exhibition
Sec. 3.5. (a) If a person:
(1) borrows any article which belongs to or is in the care of any
library, gallery, museum, collection, or exhibition;
(2) borrows the article under an agreement to return the article
within a specified period of time; and
(3) fails to return the article within that specified period of time;
then the lender shall comply with subsection (b).
(b) If a person commits those acts specified in subsection (a), the
lender shall:
(1) send written notification of the violation of the agreement to
the borrower;
(2) attach a copy of this section to the notice;
(3) include in the notice a request for return of the article within
fifteen (15) days of receipt of the notice; and
(4) mail the notice to the last known address of the borrower or
deliver it to the borrower in person.
The lender shall send the notice required by this subsection by
certified or registered mail, return receipt requested.
(c) If the borrower willfully or knowingly fails to return the
article, or reimburse the lender for the value of the article, within
thirty (30) days of receipt of the notice required in subsection (b), he
commits a Class C infraction.
(d) A person who commits an offense under this section may not
be charged with an offense under section 2 or 3 of this chapter for the
same act.
As added by Acts 1980, P.L.206, SEC.1.
IC 35-43-4-4
Evidence
Sec. 4. (a) The price tag or price marking on property displayed
or offered for sale constitutes prima facie evidence of the value and
ownership of the property.
(b) Evidence that a person:
(1) altered, substituted, or transferred a universal product code
(UPC) or another product identification code, label, price tag,
or price marking on property displayed or offered for sale or
hire; or
(2) transferred property displayed or offered for sale or hire
from the package, bag, or container in or on which the property
was displayed or offered to another package, bag, or container;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted
unauthorized control over the property.
(c) Evidence that a person:
(1) concealed property displayed or offered for sale or hire; and
(2) removed the property from any place within the business
premises at which it was displayed or offered to a point beyond
that at which payment should be made;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted
unauthorized control over the property.
(d) Except as provided in subsection (e) of this section, evidence
of failure to perform as promised, by itself, does not constitute
evidence that the promisor knew that the promise would not be
performed.
(e) Except as provided in section 5(b) of this chapter, a person
who has insufficient funds in or no account with a drawee credit
institution and who makes, draws, or utters a check, draft, or order
for payment on the credit institution may be inferred:
(1) to have known that the credit institution would refuse
payment upon presentment in the usual course of business; and
(2) to have intended to deprive the owner of any property
acquired by making, drawing, or uttering the check, draft, or
order for payment of a part of the value of that property.
(f) Evidence that a person, after renting or leasing any property
under a written agreement providing for the return of the property to
a particular place at a particular time, failed to return the property to
the place within seventy-two (72) hours after the agreed time
constitutes prima facie evidence that he exerted unauthorized control
over the property.
(g) A judge may find that a photograph of property over which a
person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully is competent evidence, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the
property; and
(2) is otherwise admissible into evidence under all other rules
of law governing the admissibility of photographs into
evidence.
The fact that it is impractical to introduce into evidence the actual
property for any reason, including its size, weight, or unavailability,
need not be established for a judge to find a photograph of that
property to be competent evidence. If a photograph is found to be
competent evidence under this subsection, it is admissible into
evidence in place of the property and to the same extent as the
property itself.
(h) A law enforcement agency that is holding as evidence property
over which a person is alleged to have exerted unauthorized control
or to have otherwise obtained unlawfully, may return that property
to its owner if:
(1) the property has been photographed in a manner that will
serve the purpose of demonstrating the nature of the property,
and if these photographs are filed with or retained by the law
enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon
delivery by the law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that
involves the property has not requested the law enforcement
agency to decline requests for return of the property to its
owner; and
(4) the property may be lawfully possessed by the owner.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.47; Acts 1980, P.L.200, SEC.2; P.L.322-1985, SEC.1;
P.L.84-2001, SEC.1.
IC 35-43-4-5
Defenses
Sec. 5. (a) An owner in possession of encumbered property does
not commit a crime under this chapter, as against a person having
only a security interest in the property, by removing or otherwise
dealing with the property contrary to the terms of the security
agreement, even if title is in the credit institution under a mortgage,
conditional sales contract, or bailment lease.
(b) It is a defense under this chapter if a maker or drawer:
(1) who has an account in a credit institution but does not have
sufficient funds in that account; and
(2) who makes, draws, or utters a check, draft, or order for
payment on the credit institution;
pays the credit institution the amount due, together with protest fees,
within ten (10) days after receiving notice that the check, draft, or
order has not been paid by the credit institution. Notice sent to either
(i) the address printed or written on the check, draft, or order or (ii)
the address given in writing to the recipient at the time the check,
draft, or order was issued or delivered constitutes notice that the
check, draft, or order has not been paid by the credit institution.
(c) A person who transfers or reproduces recorded sounds in
connection with a broadcast or telecast, or for archival purposes,
does not commit a crime under this chapter, even if he does not have
the consent of the owner of the master recording.
(d) A person who receives, retains, or disposes of personal
property that has been the subject of theft with the purpose of
restoring it to the owner, does not commit a crime under this chapter.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.48; Acts 1979, P.L.300, SEC.3; P.L.323-1985, SEC.1.
IC 35-43-4-6
Unauthorized control over property of benefit provider; prima
facie evidence
Sec. 6. (a) As used in this section:
"Benefit" includes any accident, sickness, or other health care or
reimbursement therefor to which a person is entitled.
"Benefit identification card" means a writing that identifies a
person, his spouse, or his dependent as being entitled to a benefit.
"Benefit provider" includes an employer, insurer, or health care
provider who has agreed to provide or has provided a benefit to a
person who has a benefit identification card.
(b) Evidence that a person:
(1) permitted a person who was not entitled to a benefit to use
his benefit identification card to obtain a benefit; or
(2) uses his benefit identification card to obtain a benefit for a
person who was not entitled to the benefit;
constitutes prima facie evidence that such person exerted
unauthorized control over property of the benefit provider.
As added by P.L.327-1983, SEC.1.
IC 35-43-4-7
Vending machine vandalism
Sec. 7. (a) As used in this section, "vending machine" means a
mechanical or an electronic device or a receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) to automatically dispense goods, wares, merchandise, or
other property in return for the insertion or deposit of a coin,
bill, or token.
(b) A person who knowingly or intentionally:
(1) damages a vending machine; or
(2) removes goods, wares, merchandise, or other property from
a vending machine without:
(A) inserting or depositing a coin, bill, or token made for
that purpose; or
(B) the consent of the owner or operator of the vending
machine;
commits vending machine vandalism, a Class B misdemeanor.
However, the offense is a Class A misdemeanor if the amount of the
damage or the value of the goods, wares, merchandise, or other
property removed from the vending machine is at least two hundred
fifty dollars ($250).
As added by P.L.299-1995, SEC.1.
IC 35-43-4-8
Suspension of driving privileges for fuel theft
Sec. 8. (a) A conviction for an offense under section 2 of this
chapter or section 3 of this chapter that involves exerting
unauthorized control over gasoline or motor vehicle fuel:
(1) by operation of a motor vehicle to leave the premises of an
establishment at which gasoline or motor vehicle fuel is offered
for sale after the gasoline or motor vehicle fuel has been
dispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a credit
card, debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
(b) The court imposing sentence for a violation under subsection
(a) shall issue an order to the bureau of motor vehicles:
(1) stating that the person has been convicted of an offense
under section 2 of this chapter or section 3 of this chapter
involving the unauthorized taking of gasoline or motor vehicle
fuel; and
(2) ordering the suspension of the person's driving privileges
under IC 9-25-6-21.
The suspension of a person's driving privileges under this section is
in addition to other penalties prescribed by IC 35-50-3-2 for a Class
A misdemeanor or by IC 35-50-2-7 for a Class D felony.
As added by P.L.117-2001, SEC.6.