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).
As added by P.L.59-2016, SEC.7. Amended by P.L.86-2017,
SEC.14; P.L.144-2018, SEC.29.
IC 35-45-2Chapter 2. Intimidation and Other Offenses Relating to
Communications
35-45-2-2Harassment; "obscene message" defined 35-45-2-5Interference with the reporting of a crime
Notes of Decisions
Carlos Hernandez-Cabrera v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
· cites it 8× “Ind. Code § 35-45-1-5 (a)(3). [15] Indiana Code Section 35-45-1-5 was enacted in 2016 after the legislature repealed the previous statute, Indiana Code Section 35-48-4-13, which governed maintaining a common nuisance.”
Shalee C. Dowell v. State of Indiana (Ind. Ct. App. 2020).
· cites it 6× “1 Ind. Code § 35-45-1-5 (c). Court of Appeals of Indiana | Opinion 19A-CR-2623 | October 23, 2020 Page 2 of 6 [4] Next, Officer Daymion Marsh went to the passenger side of the car and asked Tucker to exit the vehicle.”
Hubert A. Kraemer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 4× “The court sentenced Kraemer to concurrent sentences of one year for each of the Level 6 felony convictions, and to twelve years, with four years suspended, for the Level 3 felony conviction. Thus, Kraemer received an aggregate sentence of twelve years, with four years suspended,…”
Rickey R. Armour v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 4× “5 See Ind. Code § 35-45-1-5 (c). Court of Appeals of Indiana | Memorandum Decision 18A-CR-2970 | June 19, 2019 Page 2 of 20 Gaywood Drive and Rudisill Boulevard in Fort Wayne.”
David Wayne Lawson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 4× “I.C. § 35-45-1-5(a)(3), (c). The State presented evidence that Lawson knowingly used his vehicle to drive Kostas to Grier’s apartment so that Kostas could sell Grier methamphetamine.”
Dustin Wayne Eldridge v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 3× “” Ind. Code § 35-45-1-5 (a) (2016). “[I]t is clear that the legislature intended by the removal of the ‘one or more times’ language to restore the prior common law and statutory requirement that a common nuisance is one in which continuous or recurrent prohibited activity takes…”
— Ind. Code § 35-45-1-5(a) — 1 case
— Ind. Code § 35-45-1-5(a)(3) — 3 cases
David Wayne Lawson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“I.C. § 35-45-1-5(a)(3), (c). The State presented evidence that Lawson knowingly used his vehicle to drive Kostas to Grier’s apartment so that Kostas could sell Grier methamphetamine.”
— Ind. Code § 35-45-1-5(a)(3)(G) — 1 case
— Ind. Code § 35-45-1-5(b) — 2 cases
— Ind. Code § 35-45-1-5(b)(2) — 1 case
— Ind. Code § 35-45-1-5(b)(2)(B) — 2 cases
Hubert A. Kraemer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“The court sentenced Kraemer to concurrent sentences of one year for each of the Level 6 felony convictions, and to twelve years, with four years suspended, for the Level 3 felony conviction. Thus, Kraemer received an aggregate sentence of twelve years, with four years suspended,…”
— Ind. Code § 35-45-1-5(c) — 9 cases
Carlos Hernandez-Cabrera v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
“Ind. Code § 35-45-1-5 (a)(3). [15] Indiana Code Section 35-45-1-5 was enacted in 2016 after the legislature repealed the previous statute, Indiana Code Section 35-48-4-13, which governed maintaining a common nuisance.”
Hubert A. Kraemer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“The court sentenced Kraemer to concurrent sentences of one year for each of the Level 6 felony convictions, and to twelve years, with four years suspended, for the Level 3 felony conviction. Thus, Kraemer received an aggregate sentence of twelve years, with four years suspended,…”
David Wayne Lawson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“I.C. § 35-45-1-5(a)(3), (c). The State presented evidence that Lawson knowingly used his vehicle to drive Kostas to Grier’s apartment so that Kostas could sell Grier methamphetamine.”
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