Indiana Code Title 35. Criminal Law and Procedure § 35-45-1-5

Sec. 5 . (a) As used in this section, “common nuisance” means a building, structure, vehicle, or other place that is used for (1) or more of the following purposes:

(1) To buy an alcoholic beverage in violation of IC 7.1-5-10-5 .

(2) To unlawfully use, keep, or sell a legend drug.

(3) To unlawfully:

(A) use;

(B) manufacture;

(C) keep;

(D) offer for sale;

(E) sell;

(F) deliver;  or

(G) finance the delivery of;

a controlled substance or an item of drug paraphernalia (as described in IC 35-48-4-8.5 ).

(4) To provide a location for a person to pay, offer to pay, or agree to pay money or other property to another person for a human trafficking victim or an act performed by a human trafficking victim.

(5) To provide a location for a person to commit a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking).

(b) A person who knowingly or intentionally visits a common nuisance described in subsections (a)(1) through (a)(4) commits visiting a common nuisance.  The offense is a:

(1) Class B misdemeanor if the common nuisance is used for the unlawful:

(A) sale of an alcoholic beverage as set forth in subsection (a)(1);

(B) use, keeping, or sale of a legend drug as set forth in subsection (a)(2);  or

(C) use, manufacture, keeping, offer for sale, sale, delivery, or financing the delivery of a controlled substance or item of drug paraphernalia (as described in IC 35-48-4-8.5 ), as set forth in subsection (a)(3);

(2) Class A misdemeanor if:

(A) the common nuisance is used as a location for a person to pay, offer to pay, or agree to pay for a human trafficking victim or an act performed by a human trafficking victim as set forth in subsection (a)(4);  or

(B) the person knowingly, intentionally, or recklessly takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2 ) into a common nuisance used to unlawfully:

(i) use;

(ii) manufacture;

(iii) keep;

(iv) offer for sale;

(v) sell;

(vi) deliver;  or

(vii) finance the delivery of;

a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3);  and

(3) Level 6 felony if the person:

(A) knowingly, intentionally, or recklessly takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2 ) into a common nuisance used to unlawfully:

(i) use;

(ii) manufacture;

(iii) keep;

(iv) offer for sale;

(v) sell;

(vi) deliver;  or

(vii) finance the delivery of;

a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3);  and

(B) has a prior unrelated conviction for a violation of this section involving a controlled substance or drug paraphernalia.

(c) A person who knowingly or intentionally maintains a common nuisance commits maintaining a common nuisance, a Level 6 felony.

(d) It is a defense to a prosecution under subsection (c) that:

(1) the offense involves only the unlawful use or keeping of:

(A) less than:

(i) thirty (30) grams of marijuana;  or

(ii) five (5) grams of hash oil, hashish, or salvia;  or

(B) an item of drug paraphernalia (as described in IC 35-48-4-8.5 ) that is designed for use with, or intended to be used for, marijuana, hash oil, hashish, or salvia;  and

(2) the person does not have a prior unrelated conviction for a violation of subsection (c).


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