2013 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 5. CRIMES AND INFRACTIONS CHAPTER 1. GENERAL PROVISIONS; PUBLIC INTOXICATION
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IC 7.1-5
ARTICLE 5. CRIMES AND INFRACTIONS
IC 7.1-5-1
Chapter 1. General Provisions; Public Intoxication
IC 7.1-5-1-0.1
Repealed
(Repealed by P.L.63-2012, SEC.8.)
IC 7.1-5-1-1
Prohibition against commercial purposes
Sec. 1. Prohibition Against Commercial Purposes. It is unlawful
for a person to manufacture for sale, bottle, sell, barter, import,
transport, deliver, furnish, or possess, alcohol or alcoholic beverages,
malt, malt syrup, malt extract, liquid malt or wort, for commercial
purposes except as authorized in this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-1-2
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-5-1-3
Public intoxication prohibited; failure to enforce by a law
enforcement officer
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 35-48-1-9), 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.
(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.
IC 7.1-5-1-4
Repealed
(Repealed by Acts 1973, P.L.156, SEC.2.)
IC 7.1-5-1-5
Repealed
(Repealed by Acts 1973, P.L.156, SEC.2.)
IC 7.1-5-1-6
Intoxication upon common carrier prohibited; failure to enforce by
a law enforcement officer
Sec. 6. (a) Subject to section 6.5 of this chapter, it is a Class B
misdemeanor for a person to be, or to become, intoxicated as a result
of the person's use of alcohol or a controlled substance (as defined in
IC 35-48-1-9) in or upon a vehicle commonly used for the public
transportation of passengers, or in or upon a common carrier, or in
or about a depot, station, airport, ticket office, waiting room or
platform, 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.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.703; P.L.213-2001, SEC.3; P.L.93-2012, SEC.3;
P.L.117-2012, SEC.2.
IC 7.1-5-1-6.5
Request medical assistance; prohibited from being taken into
custody; immune from criminal prosecution; prohibited from
initiating action against law enforcement officer
Sec. 6.5. (a) A law enforcement officer may not take a person into
custody based solely on the commission of an offense involving
alcohol described in subsection (b) if the law enforcement officer,
after making a reasonable determination and considering the facts
and surrounding circumstances, reasonably believes that all of the
following apply:
(1) The law enforcement officer has contact with the person
because the person either:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption.
(2) The person described in subdivision (1)(A) or (1)(B):
(A) provided:
(i) the person's full name; and
(ii) any other relevant information requested by the law
enforcement officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance due
to alcohol consumption until emergency medical assistance
arrived; and
(C) cooperated with emergency medical assistance personnel
and law enforcement officers at the scene.
(b) A person who meets the criteria of subsection (a)(1) and (a)(2)
is immune from criminal prosecution for an offense under:
(1) section 3 of this chapter if the offense involved a state of
intoxication caused by the person's use of alcohol;
(2) section 6 of this chapter if the offense involved the person
being, or becoming, intoxicated as a result of the person's use of
alcohol; and
(3) IC 7.1-5-7-7.
(c) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's compliance or failure to
comply with this section.
As added by P.L.93-2012, SEC.4.
IC 7.1-5-1-7
Notice of conviction sent to commission
Sec. 7. Notice of Conviction Sent to Commission. A court, upon
convicting a permittee for a violation of a provision of this title, shall
cause a certified copy of the judgment of conviction to be made and
forwarded to the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-1-8
General penalty provision
Sec. 8. General Penalty Provision. A person who violates a
provision of this title for which no other penalty is provided commits
a Class B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.704.
IC 7.1-5-1-9 Version a
Felony penalty
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 9. Felony Penalty. A person who knowingly violates
IC 7.1-5-4-3, 7.1-5-4-6, or 7.1-5-6-4, commits a Class D felony.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.705.
IC 7.1-5-1-9 Version b
Felony penalty
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 9. A person who knowingly violates IC 7.1-5-4-3,
IC 7.1-5-4-6, or IC 7.1-5-6-4 commits a Level 6 felony.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.705; P.L.158-2013, SEC.125.
IC 7.1-5-1-9.5 Version a
Penalties for illegal shipments of alcoholic beverages
Note: This version of section amended by P.L.109-2013, SEC.9.
See also following version of this section amended by P.L.158-2013,
SEC.126, effective 7-1-2014.
Sec. 9.5. (a) An in state or an out of state vintner, artisan distiller,
distiller, brewer, rectifier, or importer that:
(1) holds a basic permit from the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class A misdemeanor.
(b) A person who:
(1) is not described in subsection (a); and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class D felony.
(c) If the chairman of the alcohol and tobacco commission or the
attorney general determines that a vintner, an artisan distiller, a
distiller, a brewer, a rectifier, or an importer that holds a basic permit
from the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives has made an illegal shipment of an alcoholic beverage to
consumers in Indiana, the chairman shall:
(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives in writing and by certified mail of the official
determination that state law has been violated; and
(2) request the federal bureau to take appropriate action.
As added by P.L.121-1998, SEC.1. Amended by P.L.204-2001,
SEC.49; P.L.1-2006, SEC.150; P.L.109-2013, SEC.9.
IC 7.1-5-1-9.5 Version b
Penalties for illegal shipments of alcoholic beverages
Note: This version of section amended by P.L.158-2013, SEC.126,
effective 7-1-2014. See also preceding version of this section
amended by P.L.109-2013, SEC.9.
Sec. 9.5. (a) An in state or an out of state vintner, distiller, brewer,
rectifier, or importer that:
(1) holds a basic permit from the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class A misdemeanor.
(b) A person who:
(1) is not described in subsection (a); and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Level 6 felony.
(c) If the chairman of the alcohol and tobacco commission or the
attorney general determines that a vintner, distiller, brewer, rectifier,
or importer that holds a basic permit from the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives has made an illegal
shipment of an alcoholic beverage to consumers in Indiana, the
chairman shall:
(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives in writing and by certified mail of the official
determination that state law has been violated; and
(2) request the federal bureau to take appropriate action.
As added by P.L.121-1998, SEC.1. Amended by P.L.204-2001,
SEC.49; P.L.1-2006, SEC.150; P.L.158-2013, SEC.126.
IC 7.1-5-1-10
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-1-11
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-1-12
Violation of commission's order
Sec. 12. Violation of Commission's Order. A person who
recklessly imports, transports, receives, purchases, sells, distributes,
delivers, or possesses an alcoholic beverage in violation of an order
of the commission entered pursuant to IC 7.1-2-7, commits a Class
B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.706.
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