Indiana Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Indiana, theft becomes a Level 6 felony when the value of the property "is at least seven hundred fifty dollars ($750)" (IC 35-43-4-2(a)(1)(A)). Below $750, theft is a Class A misdemeanor, but a prior unrelated conviction for theft, criminal conversion, robbery or burglary makes a theft of any value at least a Level 6 felony (a Level 5 felony at $50,000 or more). Because the statute says "at least," property worth exactly $750 is on the felony side. Shoplifting has no separate statute in Indiana; it is charged as theft. For the rules in other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana's theft statutes in IC 35-43-4 (Theft, Conversion, and Receiving Stolen Property), the sentencing ranges in IC 35-50-2 and 35-50-3, the store detention rules in IC 35-33-6, and the civil remedy in IC 34-24-3. It does not cover federal theft offenses, local ordinances, robbery, burglary, or identity theft and fraud schemes, which have their own pages linked below.

How Indiana defines theft

Indiana has one theft statute. Under IC 35-43-4-2(a), "A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor." The same subsection then lists the circumstances that raise the offense to a felony.

Two definitions in IC 35-43-4-1 do much of the work:

• "Exert control over property" means "to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property."
• Control is "unauthorized" if exerted "without the other person's consent," beyond the consent given, by "creating or confirming a false impression in the other person," by "promising performance that the person knows will not be performed," and in several other listed ways. Theft by deception is therefore theft under the same section.

Indiana does not use "petty theft" or "grand theft." The grades are a Class A misdemeanor and two felony levels, Level 6 and Level 5.

How value is measured

Under IC 35-43-4-2(b), "the value of 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."

What is the felony theft threshold in Indiana?

Theft is a Level 6 felony under IC 35-43-4-2(a)(1) if:

"(A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); (B) the property is a: (i) motor vehicle (as defined in IC 9-13-2-105(a)); (ii) component part (as defined in IC 9-13-2-34) of a motor vehicle; or (iii) domestic animal; or (C) the person has a prior unrelated conviction for: (i) theft under this section; (ii) criminal conversion under section 3 of this chapter; (iii) robbery under IC 35-42-5-1; or (iv) burglary under IC 35-43-2-1"

The Level 6 tier is one wide band, from $750 up to just under $50,000. At $50,000 or more the offense becomes a Level 5 felony (IC 35-43-4-2(a)(2)(A)).

Three features of that wording matter:

• Exactly $750 is a felony. The Level 6 tier starts at "at least" $750.
• A prior conviction changes the grade, not just the sentence. Clause (C) makes a theft of any value at least a Level 6 felony (a Level 5 felony at $50,000 or more) if the person has a prior unrelated conviction for theft, criminal conversion, robbery or burglary. The clause sets no time limit on how old the prior conviction can be.
• Some property is a felony at any value: a motor vehicle, a motor vehicle component part, or a domestic animal (at least Level 6, and Level 5 at $50,000 or more), and a firearm (Level 5).

Indiana theft grading table

The ranges come from IC 35-50-2-6(b) (Level 5), IC 35-50-2-7(b) (Level 6) and IC 35-50-3-2 (Class A misdemeanor). These are the limits the General Assembly set, not a prediction of the sentence in any case.

A Level 6 felony can be entered as a misdemeanor

Under IC 35-50-2-7(c), "if a person has committed ... a Level 6 felony (for a crime committed after June 30, 2014), the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly." The same subsection lists situations where the court must enter the felony instead, including where "the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor" and "the prior felony was committed less than three (3) years before the second felony was committed." The court "shall enter in the record, in detail, the reason for its action" when it uses this power. Subsection (d) separately lets a court later convert a Level 6 felony conviction to a Class A misdemeanor on the person's petition, if conditions listed there are met, including that at least three years have passed since the person completed the sentence.

Thefts that are felonies regardless of the $750 line

• Prior convictions. Any theft by a person with a prior unrelated conviction for theft, criminal conversion, robbery or burglary is at least a Level 6 felony (35-43-4-2(a)(1)(C)), and a Level 5 felony at $50,000 or more (35-43-4-2(a)(2)(A)).
• Motor vehicles, parts and domestic animals. Theft of a motor vehicle, a component part of a motor vehicle, or a domestic animal is at least a Level 6 felony (35-43-4-2(a)(1)(B)), and a Level 5 felony at $50,000 or more (35-43-4-2(a)(2)(A)). With a prior unrelated conviction for theft of a motor vehicle or component part, theft of a vehicle or part is a Level 5 felony (35-43-4-2(a)(2)(C)).
• Firearms. Theft is "a Level 5 felony if the property is a firearm" (35-43-4-2(a)(3)).
• Critical valuable metal. Theft of a valuable metal is a Level 5 felony when it relates to transportation or public safety, or is taken from a hospital or health care facility, telecommunications provider, public utility or critical infrastructure facility, "and the absence of the property creates a substantial risk of bodily injury to a person" (35-43-4-2(a)(2)(B)).
• Organized theft. Under IC 35-43-4-2.1, a person who, intending to commit theft, "agrees with at least two (2) other persons to commit theft" and "performs an overt act in furtherance of the agreement" commits organized theft, a Level 6 felony. A person may not be convicted of organized theft and also of attempt or conspiracy to commit the same underlying theft.

Adding thefts together

The general theft section, IC 35-43-4-2, contains no clause that adds separate thefts together to reach the $750 or $50,000 line. The organized retail theft section does: "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" (35-43-4-2.2(d)).

Is shoplifting a felony in Indiana?

Indiana's theft chapter has no separate shoplifting offense, so taking merchandise from a store is charged as theft under IC 35-43-4-2. That means:

• Shoplifting goods worth under $750 is a Class A misdemeanor, unless an aggravating circumstance applies.
• Shoplifting goods worth $750 or more is a Level 6 felony, and $50,000 or more is a Level 5 felony.
• A person with a prior unrelated conviction for theft, criminal conversion, robbery or burglary faces at least a Level 6 felony for a shoplifting offense of any value, and a Level 5 felony at $50,000 or more.

The section sets no separate grade for a first offense. The chapter also contains criminal conversion, which has no intent-to-deprive element: "A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor" (35-43-4-3(a)).

Evidence rules for store thefts

IC 35-43-4-4 sets out what counts as prima facie evidence in a retail case:

• "The price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value and ownership of the property" (subsection (a)).
• Altering, substituting or transferring a UPC, label, price tag or price marking, or moving goods into another package, bag or container, "constitutes prima facie evidence of intent to deprive the owner of the property of a part of its value and that the person exerted unauthorized control over the property" (subsection (b)).
• Evidence that a person "concealed property displayed or offered for sale or hire" and "removed the property from any place within the business premises at which it was displayed or offered to a point beyond that at which payment should be made" is prima facie evidence of the same thing (subsection (c)).

Organized retail theft

Under IC 35-43-4-2.2(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." It has no minimum value. It becomes 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" (35-43-4-2.2(c)).

Fuel drive-offs

A theft or conversion conviction for driving away from a gas station after fuel is dispensed into the vehicle, without payment or authorization of payment, "shall result in the suspension of the driving privileges of the person" (35-43-4-8(a)). The suspension is in addition to the criminal penalty.

Store detention

Under IC 35-33-6-2, an owner or agent of a store who has probable cause to believe a theft has occurred and that a specific person committed it may detain the person, ask for and verify identification, determine whether the person has unpurchased merchandise, and inform law enforcement and the person's parents or others interested in the person's welfare. The detention "must: (1) be reasonable and last only for a reasonable time; and (2) not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever first occurs" (35-33-6-2(c)).

The store may not ask a person under 18 to make a statement acknowledging the theft, or waiving legal rights, unless the minor has had "an opportunity to have a meaningful consultation with his or her parent, guardian, custodian, or guardian ad litem." A statement taken in violation of that rule "cannot be admitted as evidence against the child on the issue of whether the child committed a delinquent act or a crime" (35-33-6-2(a)(2), (b)).

A civil or criminal action against the store owner or agent, or a law enforcement officer, "may not be based on a detention that was lawful under section 2 or 2.5 of this chapter," but "the defendant has the burden of proof that the defendant acted with probable cause" (35-33-6-4).

Can a store demand money after shoplifting in Indiana?

Indiana's civil remedy is the Crime Victims Relief Act, IC 34-24-3. Under IC 34-24-3-1, a person who "suffers a pecuniary loss as a result of a violation of ... IC 35-43" (which includes theft, conversion and organized retail theft) "may bring a civil action against the person who caused the loss" for:

• "An amount not to exceed three (3) times" the actual damages;
• "The costs of the action";
• "A reasonable attorney's fee";
• actual travel expenses and a reasonable amount for time spent filing papers and attending court, actual expenses for employees' and agents' time, and "All other reasonable costs of collection."

For a retailer, IC 34-24-3-2(a) adds an irrebuttable presumption about the loss. In a suit for theft, organized retail theft or conversion, the retailer is presumed to have suffered a pecuniary loss of "(1) one hundred dollars ($100) regardless of whether: (A) the property is returned to the retailer; or (B) the actual retail value of the property is less than one hundred dollars ($100); or (2) the retailer's actual damages; whichever is greater." The presumption applies "For purposes of determining the amount of damages recoverable under section 1(1)," the three-times provision. Under subsection (b), a person found liable "may not be indemnified or insured for any penalties, damages, or settlement arising from the violation."

The text of IC 34-24-3-1 does not make a criminal conviction a condition of the civil action. The statute sets what a person can recover; whether a particular demand letter matches it is a question for a lawyer licensed in Indiana.

For children, Indiana's general parental-liability statute, IC 34-31-4-1, makes a custodial parent liable for not more than $5,000 in actual damages "arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child" when the child lives with the parent. Its text addresses harm and damage to property and does not name theft.

Recent changes to Indiana theft law

• 2026. P.L.80-2026 added theft of a domestic animal to the Level 6 felony list in IC 35-43-4-2(a)(1)(B), so it is a felony at any value; the 2025 Code listed only motor vehicles and their component parts. P.L.142-2026 added IC 35-43-4-3.3 (concealing a valuable metal purchase) and amended the civil remedy in IC 34-24-3-1.
• 2024. P.L.148-2024 added the organized theft offense, IC 35-43-4-2.1.
• 2023. P.L.185-2023 added organized retail theft, IC 35-43-4-2.2, and amended the retailer presumption in IC 34-24-3-2.

Other theft offenses with their own grades

Chapter IC 35-43-4 contains these related offenses with their own grades:

Related legal issues

Theft by deception falls under the same theft statute, but broader fraud schemes, and how to report them, are covered in our guide to Indiana scam and fraud laws. Misusing another person's identifying information is a separate offense, covered in Indiana identity theft laws. For clearing a theft record, see Indiana expungement laws, and for filing deadlines see the Indiana statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Indiana scam and fraud laws
• Indiana identity theft laws
• Indiana expungement laws
• Indiana statute of limitations

This article provides general legal information about Indiana theft and shoplifting statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Indiana.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Indiana?

Theft is a Level 6 felony when the property is worth at least $750 and less than $50,000, and a Level 5 felony at $50,000 or more (IC 35-43-4-2). A prior theft, conversion, robbery or burglary conviction makes any theft at least a Level 6 felony, and a Level 5 felony at $50,000 or more.

Is stealing $750 a felony in Indiana?

Yes. The Level 6 felony tier starts when the value is at least $750, so exactly $750 qualifies (IC 35-43-4-2(a)(1)(A)). Level 6 carries 6 months to 2.5 years and a fine of up to $10,000 (IC 35-50-2-7(b)).

What is the penalty for misdemeanor theft in Indiana?

Theft under $750 with no aggravating circumstance is a Class A misdemeanor, punishable by up to 1 year and a fine of up to $5,000 (IC 35-43-4-2(a); IC 35-50-3-2).

Is shoplifting a felony in Indiana?

Shoplifting is charged as theft under IC 35-43-4-2. It is a Class A misdemeanor under $750, a Level 6 felony from $750 to under $50,000, and a Level 5 felony at $50,000 or more. With a prior unrelated theft, conversion, robbery or burglary conviction, it is at least a Level 6 felony at any value.

Is a second theft a felony in Indiana?

Under IC 35-43-4-2(a)(1)(C), theft is at least a Level 6 felony at any value if the person has a prior unrelated conviction for theft, criminal conversion, robbery or burglary, and a Level 5 felony at $50,000 or more (IC 35-43-4-2(a)(2)(A)).

Is stealing a gun or a car a felony in Indiana?

Yes. Theft of a firearm is a Level 5 felony, and theft of a motor vehicle or a vehicle component part is at least a Level 6 felony at any value, and a Level 5 felony at $50,000 or more (IC 35-43-4-2). With a prior vehicle-theft conviction, theft of a vehicle or part is a Level 5 felony.

How long can a store detain a suspected shoplifter in Indiana?

The detention must be reasonable, last only a reasonable time, and not extend beyond the arrival of a law enforcement officer or two hours, whichever comes first (IC 35-33-6-2(c)).

Can a store make me pay money after shoplifting in Indiana?

IC 34-24-3-1 lets a person who suffers a loss from theft sue for up to three times actual damages plus costs and attorney fees, and IC 34-24-3-2 presumes a retailer lost at least $100. A lawyer licensed in Indiana can advise on a specific demand.