Indiana Code
Ind. Code § 7.1-5-1-3 (2026)
Public intoxication prohibited; failure to enforce by a law enforcement officer
✓ current as of May 2026
Sec. 3. (a) Subject to section 6.5 of this chapter, it is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1.1-7), if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the peace; or
(4) harasses, annoys, or alarms another person.
(b) A person may not initiate or maintain an action against a law enforcement officer based on the officer's failure to enforce this section.
[Pre-1973 Recodification Citation: 7-1-1-32(11).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.702; P.L.213-2001, SEC.2; P.L.93-2012, SEC.2; P.L.117-2012, SEC.1; P.L.186-2025, SEC.75.
Notes of Decisions
Cited in 104
cases (3 in the last 5 years), 1978–2025 · leading case: David Sesay v. State of Indiana, 5 N.E.3d 478 (Ind. Ct. App. 2014).
David Sesay v. State of Indiana, 5 N.E.3d 478 (Ind. Ct. App. 2014). “Whether the Evidence Is Sufficient to Sustain Sesay’s Conviction for Class B Misdemeanor Public Intoxication On appeal, Sesay contends that evidence is insufficient to sustain his conviction for Class B misdemeanor public intoxication because the State failed to establish that…”
Fought v. State, 898 N.E.2d 447 (Ind. Ct. App. 2008). “On March 24, 2008, the State filed an Information charging Fought with public intoxication at the Johnson Junction gas station, a Class B misdemeanor, I.C. § 7.1-5-1-3. On June 16, 2008, the trial court conducted a bench trial.”
Wright v. State, 772 N.E.2d 449 (Ind. Ct. App. 2002). “whether a hotel hallway constitutes a "public place" for purposes of the public intoxication statute, Indiana Code Section 7.1-5-1-3; IL whether Indiana Code Section 7.”
Michael Day v. State of Indiana, 57 N.E.3d 809 (Ind. 2016). “Ind.Code § 7.1-5-1-3 (2010); Ind.Code §§ 35-45-4-1, -1.”
Rodregus Morgan v. State of Indiana, 22 N.E.3d 570 (Ind. 2014). “Accordingly, we uphold the constitutionality of Indiana’s public intoxication statute, Ind.Code § 7.1-5-1-3, by reading a reasonableness standard into “annoys.”
Christian v. State, 897 N.E.2d 503 (Ind. Ct. App. 2008). “The offense of public intoxication is governed by Ind.Code § 7.1-5-1-3, which provides: "It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance.”
Clematine Hollingsworth v. State of Indiana, 987 N.E.2d 1096 (Ind. Ct. App. 2013). “Ind.Code Ann. § 7.1-5-1-3 (West, West-law current through 2012 2nd Reg.”
Moore v. State, 949 N.E.2d 343 (Ind. 2011). “Indiana Code § 7.1-5-1-3 states, "It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC XX-XX-X-X)" (emphasis added).”
Rembusch v. State, 836 N.E.2d 979 (Ind. Ct. App. 2005). “See Ind.Code § 7.1-5-1-3. In this case, Smith testified that he smelled alcohol on Rembusch.”
Christopher Naas v. State of Indiana, 993 N.E.2d 1151 (Ind. Ct. App. 2013). “Ind.Code § 7.1-5-1-3. As charged in this case, the State was required to prove that Naas was in a public place or place of public resort in a state of intoxication caused by his use of alcohol or a controlled substance and endangered his life or the life of another person,…”
Price v. State, 622 N.E.2d 954 (Ind. 1993). “1993); public intoxication, a Class B misdemeanor, Ind.Code Ann. § 7.1-5-1-3 (West 1982); and disorderly conduct, a Class B misdemeanor, Ind.”
Tin Thang v. State of Indiana, 10 N.E.3d 1256 (Ind. 2014). “Thang was charged under Indiana Code § 7.1-5-1-3(a), which makes it a class B misde- meanor to “be in a public place .”
— Ind. Code § 7.1-5-1-3(a) — 9 cases
Tin Thang v. State of Indiana, 10 N.E.3d 1256 (Ind. 2014). “Thang was charged under Indiana Code § 7.1-5-1-3(a), which makes it a class B misde- meanor to “be in a public place .”
Michael C. Stollings v. State (Ind. Ct. App. 2016).
Alan Ruiz v. State of Indiana (Ind. Ct. App. 2017).
Daniel W. McCarty v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Danish Pulido v. State of Indiana (Ind. Ct. App. 2019).
— Ind. Code § 7.1-5-1-3(a)(1) — 9 cases
Danish Pulido v. State of Indiana (Ind. Ct. App. 2019).
Aubrey Thompson v. State of Indiana (Ind. Ct. App. 2014).
Tin Nung v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
Michael v. Richards v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Michael Poge, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
— Ind. Code § 7.1-5-1-3(a)(2) — 1 case
Tin Nung v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
— Ind. Code § 7.1-5-1-3(a)(3) — 3 cases
Alvin Coleman Carter v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
William Ryan v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
Alan Ruiz v. State of Indiana (Ind. Ct. App. 2017).
— Ind. Code § 7.1-5-1-3(a)(4) — 4 cases
Daniel Massey v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
Billie K. Hoots v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
Samuel Gebrehiwet v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
Sevion Youngblood v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
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