Penalties for stealing in Indiana get pinched

As of Tuesday, the biggest difference between stealing a Gucci bag worth $700 and one worth $750 is about 18 months in prison.

A three-year revamp of the Indiana Criminal Code is now in effect, and among the changes is a new slate of rules and penalties related to theft, which includes shoplifting.

Before, theft of anything valued under $100,000 was considered a felony — the lowest level of felony, but a felony just the same.

Now, a misdemeanor charge will apply for anything less than $750.

The $700 Gucci bag has a shoplifter looking at a maximum penalty of one year behind bars, while theft of the pricier version, still a felony, could put the thief away for up to 2½ years.

The change was intended to deal with rising prison populations and costs by better fitting punishments to crimes.

But with the change comes concern. Some lawmakers and prosecutors fear that invited guests, such as baby sitters or maintenance workers, may walk out of a home with a precious family heirloom. If that item doesn't ring up to at least $750, that thief would be committing only a minor offense in the eyes of the law.

"If I take a lady's purse and I don't know what's in it, it could be worth $749 or it could be worth $751. But my behavior is the same, and my intention the same," said Sen. Randy Head, R-Logansport.

Head supported the criminal code revamp and said the changes were much needed, but he takes issue with value being what separates serious and petty theft.

"Thieves don't go appraise the object before they steal it. They just go steal it," he said. "So if I'm a thief, based on nothing to do with me, the dollar amount is saying I'm a felon or I'm not one. … It shouldn't be that random. In the end, the thieves get the break."

To restore proportionality among the seriousness of crimes, the new criminal code changes Indiana's four classes of felonies to six levels. It also gives judges flexibility to send low-level offenders, such as those committing misdemeanor theft, to work-release or at-home detention instead of prison.

But David Powell, executive director of the Indiana Prosecuting Attorneys Council, argues that the change takes away the option to pursue more severe charges if the situation warrants or if the value can't so easily be placed on what was stolen.

"Say you have someone who is invited into your home, like a TV repairman ... and a very personal item is stolen. We've had cases of someone coming in and women's lingerie being stolen. ... How do you place a value on that?" he said. "Or what if it's Grandma's precious ring that you haven't had appraised? Or some other item where the only real value is that it means a lot to you? Those are now misdemeanors."

Powell said that in the past, first-time thieves caught shoplifting could have their Class D felony theft charge reduced to a misdemeanor conversion charge. Now, prosecutors and judges no longer have that option.

The law makes theft under $750 a felony for repeat offenders, but only if they have a prior theft or criminal conversion conviction, he said.

Individuals with other crimes on their record would get only the misdemeanor charge, and prosecutors would not to pursue more serious charges based on an individual's past, Powell said.

"So if they were a convicted burglar or a drug dealer or child molester ... even if they were convicted of murder, it would still be a misdemeanor if it's under $750," Powell said. "Being able to pursue charges based on the circumstances of the theft was another tool in the toolbox, but for some reason there was some need and desire to add a dollar amount, and $750 is what was popular with legislators.

"You should put the trust in your law enforcement officers and the prosecution. We've made that argument all during 2013, and we continue to in 2014."

Powell said he would like to see the theft law revisited in the next legislative session. If the worry was that low-level shoplifters were being too harshly prosecuted, he suggests adding language to the law that distinguishes theft from a merchant from personal theft.

In some other states with dollar thresholds for theft, personal theft is viewed differently. For example, theft is a misdemeanor in Illinois if the item is less than $500 and in Ohio if the item is less than $1,000. The offense is bumped up to a felony in Illinois if the victim is another person, and it becomes a felony in Ohio if the victim is an elderly person or disabled adult.

Head also would like to see lawmakers take another pass at the new theft law, but he does not expect anything to happen soon.

After three years of hard work revising the state's criminal code, those who crafted the revisions will likely want to see the fruits of their labor before welcoming additional tweaks.

"I don't think that the votes are there to do it," Head said. "The people who worked on it are very proud of the product, and I think the momentum is there to leave it in place and see how it plays out."

While the new law adds the $750 threshold to make theft a felony, it lowers the threshold for the next level. A Level 6 felony, the lowest, applies for items valued at $750 to $49,999. A Level 5 felony applies for items stolen valued at $50,000 and aboive.

A Level 5 felony carries a maximum penalty of six years.

Theft is also now a Level 5 felony if the stolen item is made of metal and related to vital industries such as transportation, public safety or telecommunications.

Also, any theft of a firearm is a felony regardless of the weapon's value.

Call Star reporter Justin L. Mack at (317) 444-6138. Follow him on Twitter: @justinlmack.