Evidence
Sec. 4. (a) The price tag or price marking on property displayed
or offered for sale constitutes prima facie evidence of the value and
ownership of the property.
(b) Evidence that a person:
(1) altered, substituted, or transferred a universal product code
(UPC) or another product identification code, label, price tag,
or price marking on property displayed or offered for sale or
hire; or
(2) transferred property displayed or offered for sale or hire
from the package, bag, or container in or on which the property
was displayed or offered to another package, bag, or container;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted
unauthorized control over the property.
(c) Evidence that a person:
(1) concealed property displayed or offered for sale or hire; and
(2) removed the property from any place within the business
premises at which it was displayed or offered to a point beyond
that at which payment should be made;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted
unauthorized control over the property.
(d) Except as provided in subsection (e) of this section, evidence
of failure to perform as promised, by itself, does not constitute
evidence that the promisor knew that the promise would not be
performed.
(e) Except as provided in section 5(b) of this chapter, a person
who has insufficient funds in or no account with a drawee credit
institution and who makes, draws, or utters a check, draft, or order
for payment on the credit institution may be inferred:
(1) to have known that the credit institution would refuse
payment upon presentment in the usual course of business; and
(2) to have intended to deprive the owner of any property
acquired by making, drawing, or uttering the check, draft, or
order for payment of a part of the value of that property.
(f) Evidence that a person, after renting or leasing any property
under a written agreement providing for the return of the property to
a particular place at a particular time, failed to return the property to
the place within seventy-two (72) hours after the agreed time
constitutes prima facie evidence that he exerted unauthorized control
over the property.
(g) A judge may find that a photograph of property over which a
person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully is competent evidence, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the
property; and
(2) is otherwise admissible into evidence under all other rules
of law governing the admissibility of photographs into
evidence.
The fact that it is impractical to introduce into evidence the actual
property for any reason, including its size, weight, or unavailability,
need not be established for a judge to find a photograph of that
property to be competent evidence. If a photograph is found to be
competent evidence under this subsection, it is admissible into
evidence in place of the property and to the same extent as the
property itself.
(h) A law enforcement agency that is holding as evidence property
over which a person is alleged to have exerted unauthorized control
or to have otherwise obtained unlawfully, may return that property
to its owner if:
(1) the property has been photographed in a manner that will
serve the purpose of demonstrating the nature of the property,
and if these photographs are filed with or retained by the law
enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon
delivery by the law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that
involves the property has not requested the law enforcement
agency to decline requests for return of the property to its
owner; and
(4) the property may be lawfully possessed by the owner.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.47; Acts 1980, P.L.200, SEC.2; P.L.322-1985, SEC.1;
P.L.84-2001, SEC.1.
Last modified: May 24, 2006