Sec. 2.2. (a) As used in this section, “retail merchant” has the meaning set forth in IC 6-2.5-1-8.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-7
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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
     (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.

     (c) The offense committed under subsection (b) is a Level 5 felony if:

(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.

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