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, orextend a right to property.
(b) Under this chapter, a person's control over property of anotherperson 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 otherperson has consented;
(3) by transferring or encumbering other property while failingto disclose a lien, adverse claim, or other legal impediment tothe enjoyment of that other property;
(4) by creating or confirming a false impression in the otherperson;
(5) by failing to correct a false impression that the personknows is influencing the other person, if the person stands in arelationship of special trust to the other person;
(6) by promising performance that the person knows will not beperformed;
(7) by expressing an intention to damage the property or impairthe 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 liveperformance, with intent to distribute the reproductions for a profit.
(c) As used in this chapter, "receiving" means acquiringpossession or control of or title to property, or lending on the securityof 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 exertsunauthorized control over property of another person, with intent todeprive the other person of any part of its value or use, commitstheft, 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 hundredthousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuablemetal (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 ofbodily injury to a person.
(b) A person who knowingly or intentionally receives, retains, ordisposes of the property of another person that has been the subjectof 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 hundredthousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuablemetal (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 ofbodily 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 whobuys or sells, or offers to buy or sell, personal property. The termdoes not include the original retailer of personal property.
(b) A dealer who recklessly, knowingly, or intentionally buys orsells personal property in which the identification number ormanufacturer's serial number has been removed, altered, obliterated,or defaced commits dealing in altered property, a Class Amisdemeanor. However the offense is a Class D felony if the dealerhas a prior conviction of an offense under this chapter or if the fairmarket 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 themeaning set forth in IC 9-13-2-105(a).
(b) A person who knowingly or intentionally exerts unauthorizedcontrol over the motor vehicle of another person, with intent todeprive 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 ClassC felony if the person has a prior conviction of an offense under thissubsection or subsection (c).
(c) A person who knowingly or intentionally receives, retains, ordisposes of a motor vehicle or any part of a motor vehicle of anotherperson that has been the subject of theft commits receiving stolenauto parts, a Class D felony. However, the offense is a Class Cfelony if the person has a prior conviction of an offense under thissubsection 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) orstate police motor carrier inspector acting within the scope ofthe officer's or inspector's duties.
(2) A motor vehicle that must be moved because the motorvehicle is abandoned, inoperable, or improperly parked.
(3) An employee or agent of an entity that possesses a valid lienon a motor vehicle who is expressly authorized by thelienholder to repossess the motor vehicle based upon the failureof the owner or lessee of the motor vehicle to abide by the termsand conditions of the loan or lease agreement.
(b) As used in this section, "authorized operator" means a personwho is authorized to operate a motor vehicle by an owner or a lesseeof the motor vehicle.
(c) As used in this section, "motor vehicle" has the meaning setforth in IC 9-13-2-105(a).
(d) A person who:
(1) enters a motor vehicle knowing that the person does nothave the permission of an owner, a lessee, or an authorizedoperator 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 Bmisdemeanor.
(e) The offense under subsection (d) is:
(1) a Class A misdemeanor if the motor vehicle has visiblesteering column damage or ignition switch alteration as a resultof an act described in subsection (d)(1); or
(2) a Class D felony if a person occupies the motor vehiclewhile the motor vehicle is used to further the commission of acrime, if the person knew or should have known that a personintended to use the motor vehicle in the commission of a crime.
(f) It is a defense to a prosecution under this section that theaccused person reasonably believed that the person's entry into thevehicle 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 themotor vehicle to enter the motor vehicle if the motor vehicle hasvisible 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 exertsunauthorized control over property of another person commitscriminal conversion, a Class A misdemeanor.
(b) The offense under subsection (a) is a Class D felony ifcommitted by a person who exerts unauthorized control over themotor vehicle of another person with the intent to use the motorvehicle 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 overthe motor vehicle of another person; and
(2) the person uses the motor vehicle to assist the person in thecommission 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 anylibrary, gallery, museum, collection, or exhibition;
(2) borrows the article under an agreement to return the articlewithin 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), thelender shall:
(1) send written notification of the violation of the agreement tothe borrower;
(2) attach a copy of this section to the notice;
(3) include in the notice a request for return of the article withinfifteen (15) days of receipt of the notice; and
(4) mail the notice to the last known address of the borrower ordeliver it to the borrower in person.
The lender shall send the notice required by this subsection bycertified or registered mail, return receipt requested.
(c) If the borrower willfully or knowingly fails to return thearticle, or reimburse the lender for the value of the article, withinthirty (30) days of receipt of the notice required in subsection (b), hecommits a Class C infraction.
(d) A person who commits an offense under this section may notbe charged with an offense under section 2 or 3 of this chapter for thesame 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 displayedor offered for sale constitutes prima facie evidence of the value andownership 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 orhire; or
(2) transferred property displayed or offered for sale or hirefrom the package, bag, or container in or on which the propertywas displayed or offered to another package, bag, or container;
constitutes prima facie evidence of intent to deprive the owner of theproperty of a part of its value and that the person exertedunauthorized 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 businesspremises at which it was displayed or offered to a point beyondthat at which payment should be made;
constitutes prima facie evidence of intent to deprive the owner of theproperty of a part of its value and that the person exertedunauthorized control over the property.
(d) Except as provided in subsection (e) of this section, evidenceof failure to perform as promised, by itself, does not constituteevidence that the promisor knew that the promise would not beperformed.
(e) Except as provided in section 5(b) of this chapter, a personwho has insufficient funds in or no account with a drawee creditinstitution and who makes, draws, or utters a check, draft, or orderfor payment on the credit institution may be inferred:
(1) to have known that the credit institution would refusepayment upon presentment in the usual course of business; and
(2) to have intended to deprive the owner of any propertyacquired by making, drawing, or uttering the check, draft, ororder for payment of a part of the value of that property.
(f) Evidence that a person, after renting or leasing any propertyunder a written agreement providing for the return of the property toa particular place at a particular time, failed to return the property tothe place within seventy-two (72) hours after the agreed timeconstitutes prima facie evidence that he exerted unauthorized controlover the property.
(g) A judge may find that a photograph of property over which aperson is alleged to have exerted unauthorized control or to haveotherwise obtained unlawfully is competent evidence, if thephotograph:
(1) will serve the purpose of demonstrating the nature of the
property; and
(2) is otherwise admissible into evidence under all other rulesof law governing the admissibility of photographs intoevidence.
The fact that it is impractical to introduce into evidence the actualproperty for any reason, including its size, weight, or unavailability,need not be established for a judge to find a photograph of thatproperty to be competent evidence. If a photograph is found to becompetent evidence under this subsection, it is admissible intoevidence in place of the property and to the same extent as theproperty itself.
(h) A law enforcement agency that is holding as evidence propertyover which a person is alleged to have exerted unauthorized controlor to have otherwise obtained unlawfully, may return that propertyto its owner if:
(1) the property has been photographed in a manner that willserve the purpose of demonstrating the nature of the property,and if these photographs are filed with or retained by the lawenforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upondelivery by the law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case thatinvolves the property has not requested the law enforcementagency to decline requests for return of the property to itsowner; 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 doesnot commit a crime under this chapter, as against a person havingonly a security interest in the property, by removing or otherwisedealing with the property contrary to the terms of the securityagreement, 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 havesufficient funds in that account; and
(2) who makes, draws, or utters a check, draft, or order forpayment 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, ororder 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 thecheck, draft, or order has not been paid by the credit institution. (c) A person who transfers or reproduces recorded sounds inconnection with a broadcast or telecast, or for archival purposes,does not commit a crime under this chapter, even if he does not havethe consent of the owner of the master recording.
(d) A person who receives, retains, or disposes of personalproperty that has been the subject of theft with the purpose ofrestoring 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; primafacie evidence
Sec. 6. (a) As used in this section:
"Benefit" includes any accident, sickness, or other health care orreimbursement therefor to which a person is entitled.
"Benefit identification card" means a writing that identifies aperson, his spouse, or his dependent as being entitled to a benefit.
"Benefit provider" includes an employer, insurer, or health careprovider who has agreed to provide or has provided a benefit to aperson who has a benefit identification card.
(b) Evidence that a person:
(1) permitted a person who was not entitled to a benefit to usehis benefit identification card to obtain a benefit; or
(2) uses his benefit identification card to obtain a benefit for aperson who was not entitled to the benefit;
constitutes prima facie evidence that such person exertedunauthorized 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 amechanical 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, orother 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 froma vending machine without:
(A) inserting or depositing a coin, bill, or token made forthat purpose; or
(B) the consent of the owner or operator of the vendingmachine;
commits vending machine vandalism, a Class B misdemeanor.However, the offense is a Class A misdemeanor if the amount of thedamage or the value of the goods, wares, merchandise, or otherproperty 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 thischapter or section 3 of this chapter that involves exertingunauthorized control over gasoline or motor vehicle fuel:
(1) by operation of a motor vehicle to leave the premises of anestablishment at which gasoline or motor vehicle fuel is offeredfor sale after the gasoline or motor vehicle fuel has beendispensed into the fuel tank of the motor vehicle; and
(2) without payment or authorization of payment by a creditcard, 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 offenseunder section 2 of this chapter or section 3 of this chapterinvolving the unauthorized taking of gasoline or motor vehiclefuel; and
(2) ordering the suspension of the person's driving privilegesunder IC 9-25-6-21.
The suspension of a person's driving privileges under this section isin addition to other penalties prescribed by IC 35-50-3-2 for a ClassA misdemeanor or by IC 35-50-2-7 for a Class D felony.
As added by P.L.117-2001, SEC.6.