Indiana Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.

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FAQ

What Is the Difference between Conversion vs Theft? The main difference between conversion and theft is that the latter involves an illegal taking, whereas the former does not. Instead, conversion occurs after the defendant receives permission to take or use the personal property and/or funds in question.

Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.

Indiana Code 35-43-4-3 defines conversion as ?knowingly or intentionally exerting unauthorized control over the property of another person.? While this may read like the definition of theft in Indiana, conversion charges typically stem from situations where an offender intends to return the stolen property.

Theft is defined under Indiana Code §35-43-4-2 as follows: ?(a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor.?

Ing to the Indiana criminal code, criminal conversion involves knowingly and intentionally taking temporary control of another person's property. This can include personal property, such as cars, as well as houses and pieces of land.

(a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages: (1) a dwelling of another person without the other person's consent; (2) property of any person under circumstances that endanger human life; (3) property of another person without the other person's consent if the ...

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Indiana Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion