Indiana criminal charge
Theft in Indiana
Current through 2026 Indiana legislative session
Theft is a criminal offense under Indiana law, defined by Ind. Code § 35-43-4-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-4-2.
What is the penalty for theft in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base theft — A person knowingly or intentionally exerts unauthorized control over another's property with intent to deprive them of its value or use.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base theft — A person knowingly or intentionally exerts unauthorized control over another's property with intent to deprive them of its value or use.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Theft ($750–$50,000 value) — The value of the property is at least $750 and less than $50,000.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Theft ($750–$50,000 value) — The value of the property is at least $750 and less than $50,000.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Theft of motor vehicle, component part, or domestic animal — The property stolen is a motor vehicle, a component part of a motor vehicle, or a domestic animal.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Theft of motor vehicle, component part, or domestic animal — The property stolen is a motor vehicle, a component part of a motor vehicle, or a domestic animal.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Theft with prior related conviction — The person has a prior unrelated conviction for theft, criminal conversion, robbery, or burglary.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Theft with prior related conviction — The person has a prior unrelated conviction for theft, criminal conversion, robbery, or burglary.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Theft ($50,000 or more value) — The value of the property stolen is at least $50,000.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Theft ($50,000 or more value) — The value of the property stolen is at least $50,000.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Theft of critical valuable metal — The stolen property is a valuable metal relating to transportation safety, public safety, or taken from a hospital, telecommunications provider, public utility, or critical infrastructure facility, creating a substantial risk of bodily injury due to its absence.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Theft of critical valuable metal — The stolen property is a valuable metal relating to transportation safety, public safety, or taken from a hospital, telecommunications provider, public utility, or critical infrastructure facility, creating a substantial risk of bodily injury due to its absence.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Theft of motor vehicle/component part with prior related conviction — The property is a motor vehicle or component part and the person has a prior unrelated conviction for theft of a motor vehicle or component part.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Theft of motor vehicle/component part with prior related conviction — The property is a motor vehicle or component part and the person has a prior unrelated conviction for theft of a motor vehicle or component part.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Theft of firearm — The property that is the subject of the theft is a firearm.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Theft of firearm — The property that is the subject of the theft is a firearm.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is theft classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base theft | Class A Misdemeanor | A person knowingly or intentionally exerts unauthorized control over another's property with intent to deprive them of its value or use. | Ind. Code § 35-43-4-2(a) |
| Theft ($750–$50,000 value) | Level 6 Felony | The value of the property is at least $750 and less than $50,000. | Ind. Code § 35-43-4-2(a) |
| Theft of motor vehicle, component part, or domestic animal | Level 6 Felony | The property stolen is a motor vehicle, a component part of a motor vehicle, or a domestic animal. | Ind. Code § 35-43-4-2(a) |
| Theft with prior related conviction | Level 6 Felony | The person has a prior unrelated conviction for theft, criminal conversion, robbery, or burglary. | Ind. Code § 35-43-4-2(a) |
| Theft ($50,000 or more value) | Level 5 Felony | The value of the property stolen is at least $50,000. | Ind. Code § 35-43-4-2(a) |
| Theft of critical valuable metal | Level 5 Felony | The stolen property is a valuable metal relating to transportation safety, public safety, or taken from a hospital, telecommunications provider, public utility, or critical infrastructure facility, creating a substantial risk of bodily injury due to its absence. | Ind. Code § 35-43-4-2(a) |
| Theft of motor vehicle/component part with prior related conviction | Level 5 Felony | The property is a motor vehicle or component part and the person has a prior unrelated conviction for theft of a motor vehicle or component part. | Ind. Code § 35-43-4-2(a) |
| Theft of firearm | Level 5 Felony | The property that is the subject of the theft is a firearm. | Ind. Code § 35-43-4-2(a) |
Common questions about theft in Indiana
Is theft a felony or a misdemeanor in Indiana?
It depends on the circumstances: theft ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-43-4-2.
Base theft: Class A Misdemeanor (Ind. Code § 35-43-4-2(a)) · Theft ($750–$50,000 value): Level 6 Felony (Ind. Code § 35-43-4-2(a)) · Theft of motor vehicle, component part, or domestic animal: Level 6 Felony (Ind. Code § 35-43-4-2(a)) · Theft with prior related conviction: Level 6 Felony (Ind. Code § 35-43-4-2(a)) · Theft ($50,000 or more value): Level 5 Felony (Ind. Code § 35-43-4-2(a)) · Theft of critical valuable metal: Level 5 Felony (Ind. Code § 35-43-4-2(a)) · Theft of motor vehicle/component part with prior related conviction: Level 5 Felony (Ind. Code § 35-43-4-2(a)) · Theft of firearm: Level 5 Felony (Ind. Code § 35-43-4-2(a))
What are the penalties for theft in Indiana?
Which Indiana statute covers theft?
Theft is governed by Ind. Code § 35-43-4-2 (Theft).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.