2023 Indiana Code
Title 35. Criminal Law and Procedure
Article 43. Offenses Against Property
Chapter 4. Theft, Conversion, and Receiving Stolen Property
35-43-4-9. Foreclosure Mischief

Universal Citation: IN Code § 35-43-4-9 (2023)

Sec. 9. (a) This section applies only to real property in foreclosure.

(b) The following definitions apply throughout this section:

(1) "Damages, permanently removes an object from, or defaces real property" means to damage, permanently remove, or deface one (1) or more of the following:

(A) Fixtures (as defined in IC 26-1-2.1-309) of the real property.

(B) A component or subsystem of the heating, ventilation, or air conditioning system of the real property.

(C) Wiring of the real property.

(D) Pipes, fittings, or another part of the plumbing system of the real property.

(E) The structure, including the roof and foundation, of the real property.

(F) The windows of the real property.

(G) The floors, ceilings, walls, or doors of the real property.

(H) The landscaping of the real property.

(I) An unattached structure, carport, patio, fence, or swimming pool located on the real property.

(2) "Real property in foreclosure" means real property with respect to which a foreclosure action has been filed or joined by a person having a security interest in the property that is used to secure:

(A) a mortgage;

(B) a land contract; or

(C) another agreement similar to a mortgage or a land contract.

The term does not include property that is the subject of a foreclosure action brought by a person having any other type of security interest in the property, including a mechanic's lien, a tax lien, or a lien placed by a homeowners association, unless the property is also the subject of a foreclosure action described in clauses (A) through (C).

(c) A person who knowingly or intentionally damages, permanently removes an object from, or defaces real property in foreclosure commits foreclosure mischief, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000); and

(2) a Level 6 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).

(d) It is a defense to a prosecution under this section that the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.

As added by P.L.32-2016, SEC.2.

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