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  • Writer's pictureBrandon Hicks

Understanding the Elements of Indiana Organized Theft 35-43-2-2.1

To fully grasp the implications of organized theft, it's essential to break down the elements of the offense:

  1. Intent to Commit Theft: The first element of organized theft requires that the accused person has the intent to commit theft. This intention involves planning and engaging in theft, which is a separate crime defined in section 2 of the same chapter.

  2. Agreement with Others: The second element mandates that the accused person must agree with at least two other individuals to commit theft. This agreement signifies a collaborative effort, distinguishing organized theft from individual theft.

  3. Overt Act: The third element necessitates that the accused person performs an overt act in furtherance of the agreement. This act demonstrates a concrete step towards the execution of the theft.

Consequences of Organized Theft Organized theft in Indiana is classified as a Level 6 felony. Felonies are categorized into different levels, with Level 6 being the least severe, but it still carries significant consequences. A Level 6 felony can result in:

  1. Imprisonment: If convicted of organized theft, the accused person may face imprisonment for a period determined by the court.

  2. Criminal Record: A felony conviction will leave a permanent mark on the individual's criminal record, which can impact their personal and professional life.

  3. Fines and Restitution: The court may impose fines as well as order restitution to compensate the victim for any losses incurred.

Unique Aspects of Organized Theft It is important to note that organized theft has unique characteristics in Indiana law:

  1. Lack of Defense: In many cases, it is not a defense to a prosecution under this section that one or more persons with whom the accused person is alleged to have agreed:

    • Has not been prosecuted

    • Has not been convicted

    • Has been acquitted

    • Has been convicted of a different crime

    • Cannot be prosecuted for any reason

    • Lacked the capacity to commit the crime


  1. Exclusive Conviction: A person may not be convicted of an offense under this section and either an attempt to commit theft or a conspiracy to commit theft with respect to the same underlying theft.

Seek Legal Assistance from B. Hicks Law If you or a loved one is facing allegations of organized theft or any other criminal offense, it is crucial to seek the assistance of experienced criminal defense attorneys. B. Hicks Law is here to help you navigate the legal complexities of organized theft cases, ensuring that your rights are protected and that you receive a fair defense. Organized theft is a distinct criminal offense with specific elements and consequences under Indiana law. It is essential to understand the nuances of this offense and seek legal counsel if you or someone you know is facing organized theft charges. B. Hicks Law is dedicated to providing expert guidance and representation for individuals dealing with criminal allegations. Contact us today to discuss your case and secure the legal support you need.

Learn more about Indiana theft laws here


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