Unlawful entry of motor vehicle; defense; rebuttable presumption
Sec. 2.7. (a) This section does not apply to the following:
(1) A public safety officer (as defined in IC 35-47-4.5-3) or
state police motor carrier inspector acting within the scope of
the officer's or inspector's duties.
(2) A motor vehicle that must be moved because the motor
vehicle is abandoned, inoperable, or improperly parked.
(3) An employee or agent of an entity that possesses a valid lien
on a motor vehicle who is expressly authorized by the
lienholder to repossess the motor vehicle based upon the failure
of the owner or lessee of the motor vehicle to abide by the terms
and conditions of the loan or lease agreement.
(b) As used in this section, "authorized operator" means a person
who is authorized to operate a motor vehicle by an owner or a lessee
of the motor vehicle.
(c) As used in this section, "motor vehicle" has the meaning set
forth in IC 9-13-2-105(a).
(d) A person who:
(1) enters a motor vehicle knowing that the person does not
have the permission of an owner, a lessee, or an authorized
operator of the motor vehicle to enter the motor vehicle; and
(2) does not have a contractual interest in the motor vehicle;
commits unauthorized entry of a motor vehicle, a Class B
misdemeanor.
(e) The offense under subsection (d) is:
(1) a Class A misdemeanor if the motor vehicle has visible
steering column damage or ignition switch alteration as a result
of an act described in subsection (d)(1); or
(2) a Class D felony if a person occupies the motor vehicle
while the motor vehicle is used to further the commission of a
crime, if the person knew or should have known that a person
intended to use the motor vehicle in the commission of a crime.
(f) It is a defense to a prosecution under this section that the
accused person reasonably believed that the person's entry into the
vehicle was necessary to prevent bodily injury or property damage.
(g) There is a rebuttable presumption that the person did not have
the permission of an owner, a lessee, or an authorized operator of the
motor vehicle to enter the motor vehicle if the motor vehicle has
visible steering column damage or ignition switch alteration.
As added by P.L.143-2005, SEC.1.
Last modified: May 24, 2006