Indiana statute

Ind. Code § 35-43-4-2.2 — Organized retail theft

Current through 2026 Regular Session

Part of Chapter 4: Theft, Conversion, and Receiving Stolen Property, Indiana Code.

Criminal charges under this statute

Organized retail theft

Full text of Ind. Code § 35-43-4-2.2

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-43-4-2.2Primary source, current through the 2026 Regular Session

Sec. 2.2. (a) As used in this section, "retail merchant" has the meaning set forth in IC 6-2.5-1-8 . (b) A person who exercises unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale commits organized retail theft, a Level 6 felony. (c) The offense committed under subsection (b) is a Level 5 felony if: (1) the value of the property is at least fifty thousand dollars ($50,000); (2) the property is a firearm; or (3) the person has a prior unrelated conviction for: (A) organized retail theft under this section; (B) theft under section 2 of this chapter; or (C) criminal conversion under section 3 of this chapter. (d) In determining the value of the property under this section, acts of organized retail 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. (e) For purposes of this section, "the value of the property" means: (1) the fair market value of the property at the time and place the offense was committed; or (2) if the fair market value of the property cannot be satisfactorily determined, the cost to replace the property within a reasonable time after the offense was committed. A price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value of the property.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Indiana statute covers organized retail theft?

Organized retail theft is governed by Ind. Code § 35-43-4-2.2 (Organized retail theft).

This reference is informational and is not legal advice.