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  • Writer's pictureBrandon Hicks

B. Hicks Law: Understanding IC 35-43-4-3.5 - Failure to Return or Pay for Borrowed Articles

When it comes to criminal law, there are various statutes that encompass a wide range of offenses. One such statute, IC 35-43-4-3.5, addresses the issue of failure to return or pay for articles borrowed from libraries, galleries, museums, collections, or exhibitions. At B. Hicks Law, we're dedicated to providing you with comprehensive legal guidance, and in this blog post, we'll delve into the specifics of IC 35-43-4-3.5 and how it may impact you.

IC 35-43-4-3.5: The Basics

IC 35-43-4-3.5 falls under the category of offenses related to theft and criminal conversion. It is aimed at individuals who borrow articles from libraries, galleries, museums, collections, or exhibitions under an agreement to return the item within a specified period and then fail to meet their obligations.

The key elements of this statute include:

  1. Borrowing an article belonging to or in the care of a library, gallery, museum, collection, or exhibition.

  2. Borrowing the article with an agreement to return it within a specified time.

  3. Failing to return the article within the specified time.

The Lender's Responsibilities

If someone violates the provisions of IC 35-43-4-3.5, the lender, i.e., the institution or individual who owns the borrowed article, is required to take specific actions. The lender must:

  1. Send written notification of the violation to the borrower.

  2. Attach a copy of IC 35-43-4-3.5 to the notice.

  3. Request the return of the article within fifteen (15) days of receiving the notice.

  4. Mail the notice to the last known address of the borrower or deliver it to the borrower in person.

Importantly, the notice must be sent via certified or registered mail with a return receipt requested, ensuring proof of delivery.

Consequences of Non-Compliance

If the borrower willfully or knowingly fails to return the article, or reimburse the lender for its value, within thirty (30) days of receiving the notice required in subsection (b), they commit a Class C infraction.

Protecting Your Rights

At B. Hicks Law, we understand that people may find themselves facing legal issues under various statutes, including IC 35-43-4-3.5. Our experienced criminal defense attorneys are here to provide the guidance and support you need during these challenging times. We'll help you understand your rights and work to achieve the best possible outcome for your case.

Avoiding Additional Charges

It's essential to note that a person who commits an offense under IC 35-43-4-3.5 cannot be charged with an offense under section 2 or 3 of the same chapter for the same act. Understanding the nuances of the law can be complex, which is why having a skilled legal team on your side is crucial to avoid any unnecessary legal troubles.

IC 35-43-4-3.5 serves to protect the rights and property of libraries, galleries, museums, collections, and exhibitions. If you or someone you know is facing legal issues related to this statute, don't hesitate to contact B. Hicks Law for expert legal representation. We're committed to helping you navigate the complexities of the law and ensuring that your rights are upheld throughout the legal process.

Remember, when it comes to criminal defense, B. Hicks Law is here to provide you with the support and guidance you need. We're dedicated to protecting your rights and working towards a favorable resolution for your case.

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