Indiana criminal charge
Organized retail theft in Indiana
Organized retail theft is a criminal offense under Indiana law, defined by Ind. Code § 35-43-4-2.2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-4-2.2.
What is the penalty for organized retail theft in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Organized retail theft - base offense — A person exercises unauthorized control over the property of a retail merchant with intent to directly or indirectly distribute the property for resale.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Organized retail theft - base offense — A person exercises unauthorized control over the property of a retail merchant with intent to directly or indirectly distribute the property for resale.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Organized retail theft - enhanced (value, firearm, or prior conviction) — The offense under subsection (b) is committed and either the value of the property is at least $50,000, the property is a firearm, or the person has a prior unrelated conviction for organized retail theft, theft, or criminal conversion.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Organized retail theft - enhanced (value, firearm, or prior conviction) — The offense under subsection (b) is committed and either the value of the property is at least $50,000, the property is a firearm, or the person has a prior unrelated conviction for organized retail theft, theft, or criminal conversion.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is organized retail theft classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Organized retail theft - base offense | Level 6 Felony | A person exercises unauthorized control over the property of a retail merchant with intent to directly or indirectly distribute the property for resale. | Ind. Code § 35-43-4-2.2(b) |
| Organized retail theft - enhanced (value, firearm, or prior conviction) | Level 5 Felony | The offense under subsection (b) is committed and either the value of the property is at least $50,000, the property is a firearm, or the person has a prior unrelated conviction for organized retail theft, theft, or criminal conversion. | Ind. Code § 35-43-4-2.2(c) |
Common questions about organized retail theft in Indiana
Is organized retail theft a felony or a misdemeanor in Indiana?
It depends on the circumstances: organized retail theft ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-43-4-2.2.
Organized retail theft - base offense: Level 6 Felony (Ind. Code § 35-43-4-2.2(b)) · Organized retail theft - enhanced (value, firearm, or prior conviction): Level 5 Felony (Ind. Code § 35-43-4-2.2(c))
What are the penalties for organized retail theft in Indiana?
Which Indiana statute covers organized retail theft?
Organized retail theft is governed by Ind. Code § 35-43-4-2.2 (Organized retail theft).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.