What is Criminal Conversion in Indiana?
In the state of Indiana, criminal conversion, also known as conversion or larceny by conversion, is a criminal offense that involves the unauthorized taking or misappropriation of another person’s property. This article will delve into the concept of criminal conversion in Indiana, its legal definition, and the consequences of being charged with this offense.
Legal Definition of Criminal Conversion in Indiana
Indiana Code 35-43-4-6 defines criminal conversion as:
"A person who, with intent to permanently deprive the owner of his interest in property, wilfully and without authority: (1) takes; (2) conceals; (3) or retains possession of; (4) or otherwise uses or disposes of property of another; is guilty of conversion."
In simple terms, criminal conversion occurs when someone takes or interferes with another person’s property without their consent and with the intention of keeping it for themselves.
Types of Property Covered by Criminal Conversion
Criminal conversion can involve a wide range of property, including:
• Tangible property: physical objects, such as jewelry, money, cars, and household items
• Intangible property: non-physical assets, such as stocks, bonds, and intellectual property
• Services: labor or skills provided by another person
• Funds: money or financial resources belonging to another person
Elements of Criminal Conversion in Indiana
To prove criminal conversion in Indiana, the prosecution must establish the following elements:
• Intent to permanently deprive: the defendant intended to take the property permanently and irretrievably
• Lack of authority: the defendant did not have the owner’s consent or permission to take the property
• Taking, concealing, or retaining possession: the defendant took, concealed, or retained possession of the property without the owner’s consent
Consequences of Being Charged with Criminal Conversion in Indiana
Criminal conversion is a Level 6 felony in Indiana, punishable by:
• Up to 2 1/2 years in prison
• Up to $10,000 in fines
Defenses to Criminal Conversion in Indiana
There are several defenses that may be available to someone accused of criminal conversion in Indiana, including:
• Consent: the owner gave their consent for the defendant to take or possess the property
• Mistake: the defendant believed they had a legitimate claim to the property
• Duress: the defendant was coerced or threatened into taking the property
• Lack of intent: the defendant did not intend to permanently deprive the owner of their property
Table: Criminal Conversion in Indiana – Key Statutes and Penalties
| Statute | Offense | Penalty |
|---|---|---|
| 35-43-4-6 | Criminal Conversion | Up to 2 1/2 years in prison, up to $10,000 in fines |
Conclusion
Criminal conversion is a serious offense in Indiana, punishable by significant fines and imprisonment. It is essential to understand the legal definition, elements, and consequences of criminal conversion to ensure that property rights are protected and enforced. If you have been accused of criminal conversion in Indiana, it is crucial to seek the advice of an experienced criminal defense attorney to explore available defenses and minimize the potential consequences of the offense.
