CRIMINAL LAWAND PROCEDURE
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property to be competent evidence. If a photo-
graph is found to be competent evidence under this
subsection, it is admissible into evidence in place
of the property and to the same extent as the prop-
erty itself.
(h) A law enforcement agency that is holding
as evidence property over which a person is
alleged to have exerted unauthorized control or to
have otherwise obtained unlawfully, may return
that property to its owner if:
(1) the property has been photographed in
a manner that will serve the purpose of
demonstrating the nature of the property,
and if these photographs are filed with or
retained by the law enforcement agency in
place of the property;
(2) receipt of the property is obtained from
the owner upon delivery by the law
enforcement agency;
(3) the prosecuting attorney who is pros-
ecuting a case that involves the property
has not requested the law enforcement
agency to decline requests for return of
the property to its owner; and
(4) the property may be lawfully possessed
by the owner.
35-43-4-5. Defenses.
(a) An owner in possession of encumbered
property does not commit a crime under this chap-
ter, as against a person having only a security
interest in the property, by removing or other-
wise dealing with the property contrary to the
terms of the security agreement, even if title is in
the credit institution under a mortgage, condi-
tional sales contract, or bailment lease.
(b) It is a defense under this chapter if a maker
or drawer:
(1) Who has an account in a credit insti-
tution but does not have sufficient funds in
that account; and
(2) Who makes, draws, or utters a check,
draft, or order for payment on the credit
institution;
pays the credit institution the amount due, together
with protest fees, within ten (10) days after receiv-
ing notice that the check, draft, or order has not
been paid by the credit institution. Notice sent to
either (i) the address printed or written on the
check, draft, or order or (ii) the address given in
writing to the recipient at the time the check,
draft, or order was issued or delivered constitutes
notice that the check, draft, or order has not been
paid by the credit institution.
(c) A person who transfers or reproduces
recorded sounds in connection with a broadcast or
telecast, or for archival purposes, does not com-
mit a crime under this chapter, even if he does not
have the consent of the owner of the master record-
ing.
(d) Aperson who receives, retains or disposes
of personal property that has been the subject of
theft with the purpose of restoring it to the owner,
does not commit a crime under this chapter.
35-43-4-6. Unauthorized control over
property of benefit provider.
(a) As used in this section:
“Benefit” includes any accident, sickness, or
other health care or reimbursement therefore to
which a person is entitled.
“Benefit identification card” means a writing
that identifies a person, his spouse, or his depend-
ent as being entitled to a benefit.
“Benefit provider” includes an employer,
insurer, or health care provider who has agreed to
provide or has provided a benefit to a person who
has a benefit identification care.
(b) Evidence that a person:
(1) Permitted a person who was not enti-
tled to a benefit to use his benefit identi-
fication card to obtain a benefit; or
(2) Uses his benefit identification card to
obtain a benefit for a person who was not
entitled to the benefit;
constitutes prima facie evidence that such person
exerted unauthorized control over property of the
benefit provider.
35-43-4-7. Vending machine vandalism.
(a) As used in this section, “vending machine”
means a mechanical or an electronic device or a
receptacle designed:
(1) To receive a coin, bill, or token made
for that purpose; and
(2) To automatically dispense goods,
wares, merchandise, or other property in
return for the insertion or deposit of a coin,
bill, or token.
