Theft
IC 35-43-4-2 · Class A Misdemeanor baseline, scaling to Level 5 Felony — see chart below
Knowingly or intentionally taking unauthorized control of another person's property with intent to deprive the owner of its value or use — even temporarily, and even if only part of its value or use is affected. This is different from just borrowing something with plans to give it right back (that distinction separates Theft from Criminal Conversion, a related, lesser charge).
Legal definition of "Exert control over property"
- A broad list, including: obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or POSSESS property, or secure/transfer/extend a right to it.
- Possessing stolen property alone satisfies this element — the suspect doesn't need to have personally stolen it.
Legal definition of "Receiving"
- Specifically means acquiring possession, control, or title to property, or lending money using property as security.
- This is the old "Receiving Stolen Property" concept, now folded directly into Theft.
"Unauthorized" control — any ONE of these qualifies
- 1. Without the owner's consent
- 2. In a way or to an extent beyond what the owner consented to
- 3. Transferring/encumbering property while hiding a lien or legal problem with it
- 4. Creating or confirming a false impression in the other person
- 5. Failing to correct a false impression you know is influencing someone, if you're in a position of special trust with them
- 6. Promising to do something you know you won't do
- 7. Expressing intent to damage property or impair someone's rights in it
- 8. Distributing recorded sound/live performance reproductions without the owner's consent, for profit
Legal definition of "value of property"
- The fair market value at the time and place of the offense, OR (if fair market value can't be satisfactorily determined) the reasonable replacement cost.
- A price tag or price marking on displayed/offered-for-sale property is itself sufficient evidence of value (prima facie evidence) — you don't need additional proof beyond that if a price tag is present.
Charge level chart
| Value / Circumstance | Charge |
|---|---|
| Under $750 | Class A Misdemeanor (baseline) |
| $750 to under $50,000 | Level 6 Felony |
| Property is a motor vehicle, motor vehicle component part, or domestic animal (regardless of value) | Level 6 Felony |
| Prior unrelated conviction for theft, criminal conversion, robbery, or burglary (regardless of value) | Level 6 Felony |
| $50,000 or more | Level 5 Felony |
| Property is a firearm (regardless of value) | Level 5 Felony |
| Property is a motor vehicle or component part AND suspect has a prior unrelated conviction SPECIFICALLY for motor vehicle/component theft (not just any theft) | Level 5 Felony |
| Property is a valuable metal related to transportation safety, public safety, or taken from a hospital/health care facility/telecommunications provider/public utility/critical infrastructure facility, AND its absence creates a substantial risk of bodily injury | Level 5 Felony |
Elements to prove
- 1
The suspect knowingly or intentionally took unauthorized control of property belonging to another person (this includes simply POSSESSING or RECEIVING property, knowing it was stolen or otherwise obtained without authorization)
- 2
The suspect had no right or permission to control it
- 3
The suspect meant to keep the owner from having or benefiting from it — even temporarily, and even if only part of its value or use is affected (this is different from just borrowing something with plans to give it right back — that distinction is what separates Theft from Criminal Conversion, a related, lesser charge)
Unlock the complete Fact Prompts, Narrative Guide, and Closing Checklist for this offense.
Start 30-Day Free TrialReference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-43-4-2, current through the 2026 Indiana Code (iga.in.gov).