Indiana statute

Ind. Code § 35-43-4-2 — Theft

Current through 2026 Regular Session

Part of Chapter 4: Theft, Conversion, and Receiving Stolen Property, Indiana Code.

Criminal charges under this statute

Theft

Full text of Ind. Code § 35-43-4-2

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-43-4-2Primary source, current through the 2026 Regular Session

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 A misdemeanor. However, the offense is: (1) a Level 6 felony if: (A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); (B) the property is a: (i) motor vehicle (as defined in IC 9-13-2-105 (a)); (ii) component part (as defined in IC 9-13-2-34 ) of a motor vehicle; or (iii) domestic animal; or (C) the person has a prior unrelated conviction for: (i) theft under this section; (ii) criminal conversion under section 3 of this chapter; (iii) robbery under IC 35-42-5-1 ; or (iv) burglary under IC 35-43-2-1 ; (2) a Level 5 felony if: (A) the value of the property is at least fifty thousand dollars ($50,000); (B) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1 ) and: (i) relates to transportation safety; (ii) relates to public safety; or (iii) is taken from a hospital or other health care facility, telecommunications provider, public utility (as defined in IC 32-24-1-5.9 (a)), or critical infrastructure facility; and the absence of the property creates a substantial risk of bodily injury to a person; or (C) the property is a: (i) motor vehicle (as defined in IC 9-13-2-105 (a)); or (ii) component part (as defined in IC 9-13-2-34 ) of a motor vehicle; and the person has a prior unrelated conviction for theft of a motor vehicle (as defined in IC 9-13-2-105 (a)) or theft of a component part (as defined in IC 9-13-2-34 ); and (3) a Level 5 felony if the property is a firearm. (b) For purposes of this section, "the value of 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. (c) If the offense described in subsection (a) is committed by a public servant who exerted unauthorized control over public funds (as defined by IC 5-22-2-23 ) from the public servant's employer, the employer may be reimbursed in accordance with IC 2-3.5-4-11 , IC 2-3.5-5-9 , IC 5-10-5.5-19 , IC 5-10.3-8-9 , IC 5-10.4-5-14 , IC 10-12-2-10 , IC 33-38-6-19.5 , IC 33-39-7-10.5 , IC 36-8-6-14 , IC 36-8-7-22 , IC 36-8-7.5-19 , or IC 36-8-8-17 .

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Indiana statute covers theft?

Theft is governed by Ind. Code § 35-43-4-2 (Theft).

This reference is informational and is not legal advice.