2018 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 48. CONTROLLED SUBSTANCES
CHAPTER 4. Offenses Relating to Controlled Substances
35-48-4-16. Defenses to charge of selling narcotics near school or park

     Sec. 16. (a) For an offense under this chapter that requires proof of:

(1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance;

(2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or

(3) possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance;

within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present, the person charged may assert the defense in subsection (b) or (c).

     (b) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that:

(1) a person was briefly in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present; and

(2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within five hundred (500) feet of the school property or public park at the time of the offense.

     (c) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that a person was in, on, or within five hundred (500) feet of school property or a public park:

(1) at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer; and

(2) while a person less than eighteen (18) years of age was reasonably expected to be present.

     (d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing of the delivery, or possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance occurred in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present.

As added by P.L.17-2001, SEC.29. Amended by P.L.158-2013, SEC.644.