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). IC 35-45-2 Chapter 2. Intimidation and Other Offenses Relating to Communications 35-45-2-0.1 Repealed 35-45-2-1 Intimidation 35-45-2-2 Harassment; "obscene message" defined 35-45-2-3 Repealed 35-45-2-4 Unlawful disclosure 35-45-2-5 Interference with the reporting of a crime 35-45-2-6 Unlawful use of a signal jammer
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