(a) A person who, with the intent to commit theft under section 2 of this chapter:(1) agrees with at least two (2) other persons to commit theft; and(2) performs an overt act in furtherance of the agreement;commits organized theft, a Level 6 felony.(b) It is not a defense to a prosecution under this section that one (1) or more persons with whom the accused person is alleged to have agreed:(1) has not been prosecuted;(2) has not been convicted;(3) has been acquitted;(4) has been convicted of a different crime;(5) cannot be prosecuted for any reason; or(6) lacked the capacity to commit the crime.(c) A person may not be convicted of an offense under this section and:(1) an attempt to commit theft; or(2) a conspiracy to commit theft;with respect to the same underlying theft.As added by P.L.148-2024, SEC.26.
Indiana Legal Code