Indiana criminal charge
Unlawful entry of motor vehicle; defense; rebuttable presumption in Indiana
Unlawful entry of motor vehicle; defense; rebuttable presumption is a criminal offense under Indiana law, defined by Ind. Code § 35-43-4-2.7. 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 § 35-43-4-2.7.
What is the penalty for unlawful entry of motor vehicle; defense; rebuttable presumption in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Unauthorized entry of a motor vehicle — A person enters a motor vehicle knowing they lack permission from an owner, lessee, or authorized operator and has no contractual interest in the vehicle.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Unauthorized entry of a motor vehicle — A person enters a motor vehicle knowing they lack permission from an owner, lessee, or authorized operator and has no contractual interest in the vehicle.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Unauthorized entry of a motor vehicle with visible steering column damage or ignition switch alteration — The offense under subsection (d) is committed and the motor vehicle has visible steering column damage or ignition switch alteration as a result of the unauthorized entry.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unauthorized entry of a motor vehicle with visible steering column damage or ignition switch alteration — The offense under subsection (d) is committed and the motor vehicle has visible steering column damage or ignition switch alteration as a result of the unauthorized entry.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Unauthorized entry of a motor vehicle used to further a crime — A person occupies the motor vehicle while it is used to further the commission of a crime, and the person knew or should have known of the intended criminal use.; 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 (Unauthorized entry of a motor vehicle used to further a crime — A person occupies the motor vehicle while it is used to further the commission of a crime, and the person knew or should have known of the intended criminal use.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is unlawful entry of motor vehicle; defense; rebuttable presumption classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unauthorized entry of a motor vehicle | Class B Misdemeanor | A person enters a motor vehicle knowing they lack permission from an owner, lessee, or authorized operator and has no contractual interest in the vehicle. | Ind. Code § 35-43-4-2.7(d) |
| Unauthorized entry of a motor vehicle with visible steering column damage or ignition switch alteration | Class A Misdemeanor | The offense under subsection (d) is committed and the motor vehicle has visible steering column damage or ignition switch alteration as a result of the unauthorized entry. | Ind. Code § 35-43-4-2.7(e) |
| Unauthorized entry of a motor vehicle used to further a crime | Level 6 Felony | A person occupies the motor vehicle while it is used to further the commission of a crime, and the person knew or should have known of the intended criminal use. | Ind. Code § 35-43-4-2.7(e) |
Common questions about unlawful entry of motor vehicle; defense; rebuttable presumption in Indiana
Is unlawful entry of motor vehicle; defense; rebuttable presumption a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful entry of motor vehicle; defense; rebuttable presumption ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-43-4-2.7.
Unauthorized entry of a motor vehicle: Class B Misdemeanor (Ind. Code § 35-43-4-2.7(d)) · Unauthorized entry of a motor vehicle with visible steering column damage or ignition switch alteration: Class A Misdemeanor (Ind. Code § 35-43-4-2.7(e)) · Unauthorized entry of a motor vehicle used to further a crime: Level 6 Felony (Ind. Code § 35-43-4-2.7(e))
What are the penalties for unlawful entry of motor vehicle; defense; rebuttable presumption in Indiana?
Penalties for unlawful entry of motor vehicle; defense; rebuttable presumption in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers unlawful entry of motor vehicle; defense; rebuttable presumption?
Unlawful entry of motor vehicle; defense; rebuttable presumption is governed by Ind. Code § 35-43-4-2.7 (Unlawful entry of motor vehicle; defense; rebuttable presumption).
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.