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 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.As added by P.L.185-2023, SEC.7.
Indiana Legal Code