§ 35-48-4-16 — Defenses to charge of selling narcotics near school or park

(a) For an offense under this chapter that
requires proof of:
(1) delivery of cocaine, a narcotic drug, methamphetamine, or a
controlled substance;
(2) financing the delivery of cocaine, a narcotic drug,
methamphetamine, or a controlled substance; or
(3) possession of cocaine, a narcotic drug, methamphetamine, or
a controlled substance;
within five hundred (500) feet of school property or a public park while
a person less than eighteen (18) years of age was reasonably expected
to be present, the person charged may assert the defense in subsection
(b) or (c).
(b) It is a defense for a person charged under this chapter with an
offense that contains an element listed in subsection (a) that:
(1) a person was briefly in, on, or within five hundred (500) feet
of school property or a public park while a person less than
eighteen (18) years of age was reasonably expected to be present;
and
(2) no person under eighteen (18) years of age at least three (3)
years junior to the person was in, on, or within five hundred (500)
feet of the school property or public park at the time of the
offense.
(c) It is a defense for a person charged under this chapter with an
offense that contains an element listed in subsection (a) that a person
was in, on, or within five hundred (500) feet of school property or a
public park:
(1) at the request or suggestion of a law enforcement officer or an
agent of a law enforcement officer; and
(2) while a person less than eighteen (18) years of age was
reasonably expected to be present.
(d) The defense under this section applies only to the element of the
offense that requires proof that the delivery, financing of the delivery,
or possession of cocaine, a narcotic drug, methamphetamine, or a
controlled substance occurred in, on, or within five hundred (500) feet
of school property or a public park while a person less than eighteen
(18) years of age was reasonably expected to be present.

Legislative History

As added by P.L.17-2001, SEC.29. Amended by P.L.158-2013, SEC.644.