Indiana Law Blog
When you’re accused of theft in Indiana, the law isn’t just about what you did—it’s about how the courts interpret what you did under the Indiana Code. At Harshman Ponist Smith & Rayl, we’re proud to offer “Trusted Counsel Close to Home,” guiding Hoosiers through the complexities of criminal law with a keen eye on statutory details. One statute that often sparks debate is Indiana Code § 35-43-4-2, the backbone of theft charges in our state. In 2025, understanding how the Indiana Court of Appeals interprets this law can mean the difference between a conviction and a dismissal. Let’s unpack a key point of statutory interpretation—what does “unauthorized control” really mean?—and see how it plays out in real cases.
The Theft Statute: A Quick Primer
Under Indiana Code § 35-43-4-2(a), theft occurs when someone “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.” It’s a Class A misdemeanor at its base, but it can jump to a Level 6 or Level 5 felony depending on factors like property value or prior convictions. The phrase “unauthorized control” is the linchpin—vague enough to invite interpretation, yet specific enough to convict. So, how do Indiana courts decide what crosses the line?