Sec. 2.2. (a) As used in this section, "retail merchant" has the meaning set forth in IC 6-2.5-1-8.
(b) A person who exercises unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale commits organized retail theft, a Level 6 felony.
(c) The offense committed under subsection (b) is a Level 5 felony if:
(1) the value of the property is at least fifty thousand dollars ($50,000);
(2) the property is a firearm; or
(3) the person has a prior unrelated conviction for:
(A) organized retail theft under this section;
(B) theft under section 2 of this chapter; or
(C) criminal conversion under section 3 of this chapter.
(d) In determining the value of the property under this section, acts of organized retail theft committed in a single episode of criminal conduct (as defined in IC 35-50-1-2(b)) may be charged in a single count.
(e) For purposes of this section, "the value of the property" means:
(1) the fair market value of the property at the time and place the offense was committed; or
(2) if the fair market value of the property cannot be satisfactorily determined, the cost to replace the property within a reasonable time after the offense was committed.
A price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value of the property.