Under Indiana Code 35-43-4-2, theft occurs when someone knowingly or intentionally takes unauthorized control of another person's property while intending to deprive that person of the property's value or use, in whole or in part. While this definition might appear broad at first glance, the statute clarifies its key terms elsewhere in the code. Indiana Code 35-43-4-1, for instance, explains that exerting control over property covers a wide range of actions—including obtaining, taking, carrying away, driving or leading away, concealing, abandoning, selling, conveying, encumbering, or possessing property, as well as securing, transferring, or extending any right to that property. For more on the legal issues discussed here, see our Indiana criminal defense overview and What is the Difference Between Robbery and Burglary in Indiana? guide.
What Qualifies as Misdemeanor Theft in Indiana?
In Indiana, stealing property worth less than $750 is classified as a Class A misdemeanor. That said, it's worth understanding exactly how courts determine a stolen item's value. Under Indiana theft laws, the value of property is defined as its fair market value at the time and place of the offense—or, when fair market value can't be established, the cost of replacing the property within a reasonable period after the theft occurred. Additionally, Indiana Code 35-43-4-2(b)(2) provides that a price tag or price marking on merchandise displayed or offered for sale serves as prima facie evidence of that property's face value.
What Qualifies as Felony Theft in Indiana?
Under Indiana's theft statute, Level 6 felony theft occurs when a person exerts unauthorized control over someone else's property with the intent to deprive that person of any part of its value or use, and the property is worth at least $750 but less than $50,000.
Notably, a theft involving property worth less than $750 can still be charged as a Level 6 felony if the defendant has a prior, unrelated conviction for theft, criminal conversion, robbery, or burglary.
Certain circumstances elevate a theft charge to a Level 5 felony under Indiana law. This applies when the stolen property has a fair market value of $50,000 or more; is a firearm; or is a valuable metal (as defined in Indiana Code 25-37.5-1-1) that relates to transportation safety or public safety, or was taken from a hospital, healthcare facility, telecommunications provider, public utility, or critical infrastructure facility.
A Level 5 felony charge may also apply when the stolen property is a motor vehicle or a component part of a motor vehicle (as defined in Indiana Code 9-13-2-34), or when the defendant has a prior, unrelated conviction for theft of a motor vehicle or a vehicle component part.
Per the Indiana Sentencing Guidelines contained in Indiana Code 35-50, a Class A Misdemeanor is punishable by up to one year in prison and a $5,000 fine. Those charged with Level 6 felony theft in Indiana, however, face much more serious penalties of up to 2.5 years in prison and a $10,000 fine. Furthermore, those charged with Level 5 felony theft in Indiana face the harshest penalties, including up to six years in prison and $10,000 in fines.
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Written by
Moawia K. AlMahareeq