CRIMINAL LAWAND PROCEDURE
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recording or the live performance, with intent to
distribute the reproduction for a profit.
(c) As used in this chapter, “receiving” means
acquiring possession or control of or title to prop-
erty, or lending on the security of property.
35-43-4-2. Theft.
(a) A person who knowingly or intentionally
exerts unauthorized control over property of
another person, with intent to deprive the other per-
son of any part of its value or use, commits theft,
a Class Amisdemeanor. 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 sec-
tion 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, telecommuni-
cations provider, public utility (as
defined in IC 32-24-1-5.9(a)), or a
key facility;
and the absence of the property creates a
substantial risk of bodily injury to a person.
(b) In determining the value of property under
this section, acts of theft committed in a single
episode of criminal conduct (as defined in IC 35-
50-1-2(b)) may be charged in a single count.
(c) 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 com-
mitted; or
(2) if the fair market value of the property
cannot be satisfactorily determined, the
cost to replace the property within a rea-
sonable time after the offense was com-
mitted.
A price tag or price marking on property dis-
played or offered for sale constitutes prima facie
evidence of the value of the property
35-43-4-2.3. Dealing in altered property.
(a) As used in this section, “dealer” means a
person who buys or sells, or offers to buy or sell,
personal property. The term does not include the
original retailer of personal property.
(b) A dealer who recklessly, knowingly, or
intentionally buys or sells personal property in
which the identification number or manufacturer’s
serial number has been removed, altered, obliter-
ated, or defaced commits dealing in altered prop-
erty, a ClassAmisdemeanor. However, the offense
is a Level 6 felony if the dealer has a prior con-
viction of an offense under this chapter or if the
fair market value of the property is at least one
thousand dollars ($1,000).
35-43-4-2.5. Auto theft.
(a) As used in this section, “motor vehicle” has
the meaning set forth in IC 9-13-2-105(a).
(b) A person who knowingly or intentionally
exerts unauthorized control over the motor vehi-
cle of another person, with intent to deprive the
owner of:
(1) the vehicle’s value or use; or
(2) a component part (as defined in IC 9-
13-2-34) of the vehicle;
commits auto theft, a Level 6 felony.
(c) A person who knowingly or intentionally
receives, retains, or disposes of a motor vehicle or
any part of a motor vehicle of another person that
has been the subject of theft commits receiving
stolen auto parts, a Level 6 felony.
35-43-4-2.7. Unauthorized entry of motor
vehicle.
(a) This section does not apply to the follow-
ing:
(1) Apublic 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,
