Indiana statute

Ind. Code § 35-43-4-2.7 — Unlawful entry of motor vehicle; defense; rebuttable presumption

Current through 2026 Regular Session

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

Criminal charges under this statute

Unlawful entry of motor vehicle; defense; rebuttable presumption

Full text of Ind. Code § 35-43-4-2.7

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 § 35-43-4-2.7Primary source, current through the 2026 Regular Session

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 ) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties. (2) A motor vehicle that must be moved because the motor vehicle is abandoned, inoperable, or improperly parked. (3) An employee or agent of an entity that possesses a valid lien on a motor vehicle who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement. (b) As used in this section, "authorized operator" means a person who is authorized to operate a motor vehicle by an owner or a lessee of the motor vehicle. (c) As used in this section, "motor vehicle" has the meaning set forth in IC 9-13-2-105 (a). (d) A person who: (1) enters a motor vehicle knowing that the person does not have the permission of an owner, a lessee, or an authorized operator 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 B misdemeanor. (e) The offense under subsection (d) is: (1) a Class A misdemeanor if the motor vehicle has visible steering column damage or ignition switch alteration as a result of an act described in subsection (d)(1); or (2) a Level 6 felony if a person occupies the motor vehicle while the motor vehicle is used to further the commission of a crime, if the person knew or should have known that a person intended to use the motor vehicle in the commission of a crime. (f) It is a defense to a prosecution under this section that the accused person reasonably believed that the person's entry into the vehicle 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 the motor vehicle to enter the motor vehicle if the motor vehicle has visible steering column damage or ignition switch alteration.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful entry of motor vehicle; defense; rebuttable presumption a felony or a misdemeanor in Indiana?

It depends on the circumstances: unlawful entry of motor vehicle; defense; rebuttable presumption ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-43-4-2.7.

Unauthorized entry of a motor vehicle: Class B Misdemeanor (Ind. Code § 35-43-4-2.7(d)) · Unauthorized entry of a motor vehicle with visible steering column damage or ignition switch alteration: Class A Misdemeanor (Ind. Code § 35-43-4-2.7(e)) · Unauthorized entry of a motor vehicle used to further a crime: Level 6 Felony (Ind. Code § 35-43-4-2.7(e))

Which Indiana statute covers unlawful entry of motor vehicle; defense; rebuttable presumption?

Unlawful entry of motor vehicle; defense; rebuttable presumption is governed by Ind. Code § 35-43-4-2.7 (Unlawful entry of motor vehicle; defense; rebuttable presumption).

This reference is informational and is not legal advice.