CRIMINAL LAWAND PROCEDURE
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then the lender shall comply with subsection (b).
(b) If a person commits those acts specified in
subsection (a), the lender shall:
(1) Send written notification of the viola-
tion of the agreement to the borrower;
(2) Attach a copy of this section to the
notice;
(3) Include in the notice a request for return
of the article within fifteen (15) days of
receipt of the notice; and
(4) Mail the notice to the last known
address of the borrower or deliver it to the
borrower in person.
The lender shall send the notice required by this
subsection by certified or registered mail, return
receipt requested.
(c) If the borrower willingly or knowingly
fails to return the article, or reimburse the lender
for the value of the article, within thirty (30) days
of receipt of the notice required in subsection (b),
he commits a Class C infraction.
(d) A person who commits an offense under
this section may not be charged with an offense
under section 2 or 3 of this chapter for the same
act.
35-43-4-4. Evidence relating to theft.
(a) The price tag or price marking on property
displayed or offered for sale constitutes prima
facie evidence of the value and ownership of the
property.
(b) Evidence that a person:
(1) altered, substituted, or transferred a
universal product code (UPC) or another
product identification code, label, price
tag, or price marking on property displayed
or offered for sale or hire; or
(2) transferred property displayed or
offered for sale or hire from the package,
bag, or container in or on which the prop-
erty was displayed or offered to another
package, bag, or container;
constitutes prima facie evidence of intent to
deprive the owner of the property of a part of its
value and that the person exerted unauthorized
control over the property.
(c) Evidence that a person:
(1) concealed property displayed or offered
for sale or hire; and
(2) removed the property from any place
within the business premises at which it
was displayed or offered to a point beyond
that at which payment should be made;
constitutes prima facie evidence of intent to
deprive the owner of the property of a part of its
value and that the person exerted unauthorized
control over the property.
(d) Except as provided in subsection (e) of
this section, evidence of failure to perform a
promise, by itself, does not constitute evidence that
the promisor knew that the promise would not be
performed.
(e) Except as provided in section 5(b) of this
chapter, a person who has insufficient funds in or
no account with a drawee credit institution and
who makes, draws, or utters a check, draft, or
order for payment on the credit institution may be
inferred:
(1) to have known that the credit institution
would refuse payment upon presentment in
the usual course of business; and
(2) to have intended to deprive the owner
of any property acquired by making, draw-
ing, or uttering the check, draft, or order for
payment of a part of the value of that prop-
erty.
(f) Evidence that a person, after renting or
leasing any property under a written agreement
providing for the return of the property to a par-
ticular place at a particular time, failed to return
the property to the place within seventy-two (72)
hours after the agreed time constitutes prima facie
evidence that he exerted unauthorized control
over the property.
(g) A judge may find that a photograph of
property over which a person is alleged to have
exerted unauthorized control or to have other-
wise obtained unlawfully is competent evidence,
if the photograph:
(1) will serve the purpose of demonstrat-
ing the nature of the property; and
(2) is otherwise admissible into evidence
under all other rules of law governing the
admissibility of photographs into evidence.
The fact that it is impractical to introduce into evi-
dence the actual property for any reason, includ-
ing its size, weight, or unavailability, need not be
established for a judge to find a photograph of that
