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 firearm; or
(C) the person has a prior unrelated conviction for:
(i) theft under this section; or
(ii) criminal conversion under section 3 of this chapter; and
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars ($50,000); or
(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 key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.
(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.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.