1. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-43-4-2 (theft), IC 35-43-4-2.2 (organized retail theft), or IC 35-43-4-3 (conversion) suffers a pecuniary loss in the amount of:

   1. (1) one hundred dollars ($100) regardless of whether:

      1. (A) the property is returned to the retailer; or
      2. (B) the actual retail value of the property is less than one hundred dollars ($100); or

   2. (2) the retailer's actual damages;

      whichever is greater.

2. (b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2 , IC 35-43-4-2.2 , or IC 35-43-4-3 may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.

   [Pre-1998 Recodification Citation: 34-4-30-1.5.]

As added by P.L.1-1998, SEC.19. Amended by P.L.185-2023, SEC.3.