Ind. Code § 35-43-4-2(2) is not understandable unless it is Ind. Code § 35-43-4-2(a)(2) or Ind. Code § 35-43-4-2(b)(2). Ind. Code § 35-43-4-2(a)(2) is a statute defining a crime. It can be found at http://www.in.gov/legislative/ic/code/title35/ar43/ch4.html. It defines the crime of theft of valuable metal and states that the metal must be related to transportation safety, public safety, or be taken from a hospital, a telecommunications provider, a public utility, or a key facility. The absence of the property taken must create a substantial risk of bodily injury. If the crime is under Ind. Code § 35-43-4-2(b)(2), that means the accused person received the stolen valuable metal rather than stole it himself.
Theft as a Class D felony is a crime that carries a maximum penalty of 3 years’ imprisonment. It is interesting that you ask in the context of Ind. Code § 35-43-4-2(2), because theft of a valuable metal is a Class C felony, which carries a maximum penalty of 8 years.
The cause number you listed is part of a numbering system that shows the case was from the Lagrange County Superior Court Number 1, was filed in December 2012, and is for a Class D felony. Because the cause number relates to a Class D felony and you mentioned a Class D felony, maybe this has nothing to do with a valuable metal, and is just a case about a regular theft of some other property.
In any case, the person charged with this crime needs to find a lawyer immediately to be properly defended. If he can’t afford an attorney, the court is required to appoint a public defender.
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