Section 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: (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: (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: (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).Amended by P.L. 144-2018,SEC. 29, eff. 7/1/2018.Amended by P.L. 86-2017,SEC. 14, eff. 7/1/2017.Added by P.L. 59-2016, SEC. 7, eff. 7/1/2016.