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Current as of January 02, 2024 | Updated by FindLaw Staff
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).
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-45-1-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-45-1-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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