{"id":373195,"date":"2016-09-09T13:08:36","date_gmt":"2016-09-09T18:08:36","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/indiana-law\/indiana-burglary-laws-1.html"},"modified":"2018-03-22T11:39:58","modified_gmt":"2018-03-22T16:39:58","slug":"indiana-burglary-laws-1","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-burglary-laws-1.html","title":{"rendered":"Indiana Burglary Laws"},"content":{"rendered":"\n
\n \n
\n

Indiana Burglary Laws <\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Cat burglars. Jewelry heists. The Pink Panther. All three images have one thing in common: burglary. While we\u2019ve all seen depictions of burglars in all black attire, prowling through the night, and breaking into homes, what does the crime of burglary really involve? Indiana burglary laws<\/a> set out a clear guideline for how this crime is committed. Keep in mind, on July 1, 2014 Indiana lawmakers changed the penalty structure for burglary as set forth in the table below.<\/p>\n

Elements of Burglary in Indiana<\/h2>\n

Essentially, burglary involves breaking and entering into a building or structure belonging to someone else, with the intent to commit any felony<\/a> or theft<\/a> inside. The key to this crime is your mental state, also known as mens rea<\/a>. For example, a person getting caught inside someone\u2019s home without the owner\u2019s permission can be said to have the \u201cmens rea\u201d for the crime of burglary if the circumstances surrounding the crime indicate he was intending to steal something inside the house.<\/p>\n

For example, if he broke the back window to get inside the home, opened the cabinets, and was found with the victim\u2019s jewelry in his pocket, that would typically be considered good evidence of his mental state. Clearly, he wasn\u2019t in the house to merely admire the owner\u2019s fine jewelry collection \u2013 especially without the owner\u2019s permission.<\/p>\n

Indiana Burglary Laws Overview<\/h2>\n

The charges and penalties under Indiana\u2019s burglary laws are detailed below in the following chart. Remember, there are several defenses to the crime of burglary<\/a>, whether commercial or residential.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Enhanced Penalties<\/b><\/p>\n<\/td>\n

Burglary carries a higher sentence if committed during any of the following:<\/p>\n

    \n
  • Suspect is armed with a deadly weapon<\/li>\n
  • The building is a dwelling or home, or<\/li>\n
  • The crime of burglary results in bodily injury or serious bodily injury to another person, not the suspect.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n