Indiana Code
Ind. Code § 35-43-4-1 (2026)
Definitions
✓ current as of May 2026
Sec. 1. (a) As used in this chapter, "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.
(b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted:
(1) without the other person's consent;
(2) in a manner or to an extent other than that to which the other person has consented;
(3) by transferring or encumbering other property while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of that other property;
(4) by creating or confirming a false impression in the other person;
(5) by failing to correct a false impression that the person knows is influencing the other person, if the person stands in a relationship of special trust to the other person;
(6) by promising performance that the person knows will not be performed;
(7) by expressing an intention to damage the property or impair the rights of any other person; or
(8) by transferring or reproducing:
(A) recorded sounds; or
(B) a live performance;
without consent of the owner of the master recording or the live performance, with intent to distribute the reproductions for a profit.
(c) As used in this chapter, "receiving" means acquiring possession or control of or title to property, or lending on the security of property.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.44; Acts 1979, P.L.300, SEC.1; P.L.180-1991, SEC.7; P.L.32-2021, SEC.95.
Notes of Decisions
Cited in 79
cases (6 in the last 5 years), 1979–2026 · leading case: Gibson v. State, 643 N.E.2d 885 (Ind. 1994).
Gibson v. State, 643 N.E.2d 885 (Ind. 1994). “A new definitions section, Indiana Code § 35-43-4-1, provided: As used in this chapter "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…”
Hayworth v. State, 798 N.E.2d 503 (Ind. Ct. App. 2003). “§ 35-43-4-1(b)(2), we need not address whether Hayworth's control of the merchandise was unauthorized under any of the other subparagraphs of I.C. § 35-43-4-1(b). See Johnson v. State, 593 N.”
Infinity Prods., Inc. v. Quandt, 775 N.E.2d 1144 (Ind. Ct. App. 2002). “" Ind.Code § 35-43-4-1. Here, the trial court did not hold Fabri-Tech liable for criminal conversion.”
Nijhawan v. Holder, 557 U.S. 29 (2009). “, Ind. Code §§35-43-4-1 , 35-43-4-2 (West 1993) ($100,000), 35-43-5-7.”
Duren v. State, 720 N.E.2d 1198 (Ind. Ct. App. 1999). “Ind.Code § 35-43-4-1. We affirm. ISSUES Duren raises four issues for our review, which we restate as follows: 1.”
Iseton v. State, 472 N.E.2d 643 (Ind. Ct. App. 1984). “by creating or confirming a false impression in the other person; [or] ..... by promising performance that the person knows will not be performed.”
Marsillett v. State, 495 N.E.2d 699 (Ind. 1986). “Ind.Code § 35-43-4-1 (Burns 1979 Repl.). In this case, defendant was authorized by Leander Rose to write a check for ten dollars.”
Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. Ct. App. 2001). “§ 35-43-4-1(a). Control over another person's property is "unauthorized" if it is exerted "without the other person's consent" or "in a manner or to an extent other than that to which the other person has consented.”
State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017). “); Ind. Code Ann. § 35-43-4-1 (b) (West, Westlaw current through 1st Reg.”
Flinn v. State, 563 N.E.2d 536 (Ind. 1990). “The statute defining the offense of theft, Ind. Code § 35-43-4-1 , reads in pertinent part as follows: "(b) Under this chapter, a person's control over property of another person is `unauthorized' if it is exerted: * * * * * * (4) by creating or confirming a false impression in…”
An-Hung Yao & Yu-Ting Lin v. State of Indiana, 975 N.E.2d 1273 (Ind. 2012). “” I.C. § 35-43-4-1. If at trial the State fails to prove beyond a reasonable doubt that the Defendants, in Indiana, engaged in any one or more of these several forms of exerting control over the property of Heckler & Koch then the Defendants will be entitled to acquittal, or…”
K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App. 2012). “See I.C. § 35-43-4-1(a) (defining “exert control over property” as including taking and carrying).”
Ind. Code § 35-43-4-1(a): 23 cases
Gibson v. State, 643 N.E.2d 885 (Ind. 1994). “A new definitions section, Indiana Code § 35-43-4-1, provided: As used in this chapter "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…”
K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App. 2012). “See I.C. § 35-43-4-1(a) (defining “exert control over property” as including taking and carrying).”
Lesea, Inc. v. Lesea Broad. Corp., 379 F. Supp. 3d 732 (N.D. Ind. 2019).
Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. Ct. App. 2001). “§ 35-43-4-1(a). Control over another person's property is "unauthorized" if it is exerted "without the other person's consent" or "in a manner or to an extent other than that to which the other person has consented.”
Maynard v. State, 508 N.E.2d 1346 (Ind. Ct. App. 1987).
Ind. Code § 35-43-4-1(b): 9 cases
Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. Ct. App. 2001). “§ 35-43-4-1(a). Control over another person's property is "unauthorized" if it is exerted "without the other person's consent" or "in a manner or to an extent other than that to which the other person has consented.”
Hayworth v. State, 798 N.E.2d 503 (Ind. Ct. App. 2003). “§ 35-43-4-1(b)(2), we need not address whether Hayworth's control of the merchandise was unauthorized under any of the other subparagraphs of I.C. § 35-43-4-1(b). See Johnson v. State, 593 N.”
Doyle v. State, 468 N.E.2d 528 (Ind. Ct. App. 1984).
Wright v. State, 754 N.E.2d 550 (Ind. Ct. App. 2001).
JB v. State, 748 N.E.2d 914 (Ind. Ct. App. 2001).
Ind. Code § 35-43-4-1(b)(1): 3 cases
Chambliss v. State, 746 N.E.2d 73 (Ind. 2001).
Shavaun Ingram v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Guy Cummings v. State of Indiana (Ind. Ct. App. 2012).
Ind. Code § 35-43-4-1(b)(2): 6 cases
Hayworth v. State, 798 N.E.2d 503 (Ind. Ct. App. 2003). “§ 35-43-4-1(b)(2), we need not address whether Hayworth's control of the merchandise was unauthorized under any of the other subparagraphs of I.C. § 35-43-4-1(b). See Johnson v. State, 593 N.”
Newland Resources, LLC v. Branham Corp., 918 N.E.2d 763 (Ind. Ct. App. 2009).
Right Reason Publications v. Silva, 691 N.E.2d 1347 (Ind. Ct. App. 1998).
Palmer Dodge, Inc. v. Long, 791 N.E.2d 788 (Ind. Ct. App. 2003).
Ross Nifong d/b/a Ross Nifong Farms & Ross Nifong Farms, LLC v. Joseph R. Brown d/b/a Joe Brown Drilling Contractor (mem. dec.) (Ind. Ct. App. 2017).
Ind. Code § 35-43-4-1(b)(4): 3 cases
Iseton v. State, 472 N.E.2d 643 (Ind. Ct. App. 1984). “by creating or confirming a false impression in the other person; [or] ..... by promising performance that the person knows will not be performed.”
Kollar v. State, 556 N.E.2d 936 (Ind. Ct. App. 1990).
Kenneth Stephens v. Richard Tabscott (Ind. Ct. App. 2020).
Ind. Code § 35-43-4-1(b)(6): 2 cases
Long v. State, 935 N.E.2d 194 (Ind. Ct. App. 2010).
Shavaun Ingram v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 35-43-4-1(c): 1 case
Gibson v. State, 643 N.E.2d 885 (Ind. 1994). “A new definitions section, Indiana Code § 35-43-4-1, provided: As used in this chapter "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…”
Ind. Code § 35-43-4-1(g): 1 case
J.B. v. State, 748 N.E.2d 914 (Ind. Ct. App. 2001).
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