Indiana Shoplifting Laws: Charges, Penalties, and Civil Demands
Indiana does not have a separate shoplifting crime. Shoplifting is charged as theft under IC 35-43-4-2, which is usually a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $5,000. It becomes a Level 6 felony if the merchandise is worth at least $750 or the person has a prior conviction for theft, criminal conversion, robbery, or burglary. Stores may also detain suspected shoplifters for a limited time and may pursue a separate civil claim for money.
Key points
Shoplifting is prosecuted as theft or, sometimes, as criminal conversion.
Theft is a Class A misdemeanor unless a factor raises it to a felony.
Property worth at least $750, or a prior theft-related conviction, can make it a Level 6 felony.
A store may detain a suspect only with probable cause, in a reasonable manner, and for no longer than 2 hours or until police arrive.
A store's civil demand for money is separate from the criminal case.
How is shoplifting charged in Indiana?
Theft is knowingly or intentionally exerting unauthorized control over someone else's property with intent to deprive the owner of any part of its value or use (IC 35-43-4-2). Taking merchandise from a store without paying usually fits this definition.
Prosecutors sometimes charge, or later agree to a plea to, criminal conversion (IC 35-43-4-3). Conversion does not require proof of intent to deprive the owner of the property's value or use, and it is generally a Class A misdemeanor.
When does shoplifting become a felony?
Under IC 35-43-4-2, theft is a Level 6 felony in several situations, including when:
the property is worth at least $750 but less than $50,000; or
the person has a prior unrelated conviction for theft, criminal conversion, robbery, or burglary.
It can be a Level 5 felony if the property is worth $50,000 or more, or in certain other situations, such as theft of a firearm.
For merchandise, the price tag or price marking is evidence of its value.
What are the penalties?
Class A misdemeanor: up to 1 year in jail and a fine of up to $5,000 (IC 35-50-3-2).
Level 6 felony: 6 months to 2½ years, with an advisory sentence of 1 year, and a fine of up to $10,000 (IC 35-50-2-7). In some cases, a court may enter a Level 6 felony conviction as a Class A misdemeanor.
Many first-time shoplifting cases end without jail time, but every case depends on the facts, the county, and the person's record. A conviction can affect employment, professional licenses, and immigration status.
Can a store detain you?
Yes, within limits. Under IC 35-33-6-2, a store owner or employee who has probable cause to believe a theft occurred and that a specific person committed it may detain that person. During the detention, the store may:
ask the person to identify themselves and verify the identification;
determine whether the person has unpurchased merchandise; and
contact law enforcement.
The detention must be reasonable and may not last longer than the arrival of a police officer or 2 hours, whichever comes first. If the person is under 18, the store may not ask the child to admit the theft or waive rights unless the child has had a meaningful consultation with a parent, guardian, or similar adult.
What is a civil demand letter?
After a shoplifting incident, some retailers or their attorneys send a letter demanding payment. Indiana's Crime Victims Relief Act (IC 34-24-3-1) allows a person who suffers a loss from certain property crimes, including theft, to sue for up to three times their actual damages, plus costs and attorney's fees.
A civil demand is separate from the criminal case. Paying it does not dismiss criminal charges, and the criminal case's outcome does not automatically resolve the civil claim. Before paying or ignoring a demand, it is wise to have a lawyer review it.
What happens next if you are charged?
Do not discuss the incident with the store or police without understanding your rights.
Keep all paperwork, including any citation, court date, and civil demand letter.
Attend every court date. Missing court can lead to a warrant.
Ask about options. Many Indiana counties offer pretrial diversion for eligible first-time offenses, at the prosecutor's discretion. See our article on pretrial diversion agreements in Indiana.
Talk with a criminal defense lawyer about the evidence, including video and the store's detention.
Can a shoplifting conviction be expunged?
Often, yes, after a waiting period. A misdemeanor conviction is generally eligible 5 years after the conviction, and a Level 6 felony 8 years after the conviction, if other requirements are met. If the case is dismissed or you are acquitted, the records are generally expunged automatically. See can I expunge a misdemeanor or felony in Indiana.
Frequently asked questions
Is shoplifting a felony in Indiana?
Usually not. It is typically a Class A misdemeanor, but it can be a Level 6 felony if the merchandise is worth at least $750 or the person has a prior theft, conversion, robbery, or burglary conviction.
How long can a store hold me for shoplifting in Indiana?
Only for a reasonable time, and no longer than until a police officer arrives or 2 hours, whichever comes first.
Do I have to pay a civil demand letter?
A civil demand is a claim for money, separate from the criminal case. Whether to pay depends on the facts, so have a lawyer review it before responding.
Will a first-time shoplifting charge go on my record?
An arrest and charge create records. Options such as diversion, dismissal, or later expungement can affect what appears on your record.
Questions about a shoplifting or theft charge?
If you or a family member has been charged with shoplifting in Indiana, you can schedule a consultation with Brinkley Law or learn more about our criminal defense practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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