If you have been accused of Visiting or Maintaining a Common Nuisance, please call me for a free consultation. I have practiced criminal defense my entire career, teach criminal law at the IU School of Law, and have personally handled thousands of cases. Additional information about my office is available on the home page and the in the news page.
IC § 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).
For additional information, click here.
If you are in need of an Indiana expungement attorney, Indiana criminal defense attorney, or forfeiture attorney, or have questions about the Indiana Expungement Law please call me for a free consultation at 317-695-7700. I have personally defended thousands of cases, teach criminal law at the IU School of Law, am a top rated attorney, and have practiced criminal defense my entire career. Additional information about my office is available on the home page and the in the news page.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.