§ 35-45-1-5 — Visiting a common nuisance; maintaining a common nuisance

(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).

Legislative History

As added by P.L.59-2016, SEC.7. Amended by P.L.86-2017, SEC.14; P.L.144-2018, SEC.29.