IC T. 35, Art. 48, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-0.1 Application of certain P.L.17-2001 and P.L.225-2003 amendments


Sec. 0.1. The addition of section 9.3 of this chapter by P.L.225-2003 applies only to a controlled substance offense under IC 35-48-4 that occurs after June 30, 2003.



CREDIT(S)


As added by P.L.220-2011, SEC.627. Amended by P.L.63-2012, SEC.81.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-1 Repealed


(Repealed by P.L.5-1988, SEC.208.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-2 Definitions; application


Sec. 2. The definitions in this chapter apply throughout this article.



CREDIT(S)


As added by P.L.5-1988, SEC.182.


UNIFORM CONTROLLED SUBSTANCES ACT (1990 ACT)


<Table of Jurisdictions Wherein Either the Uniform Controlled Substances Act or the Uniform Narcotic Drug Act has been Adopted 1>


<For text of Uniform Act, and variation notes and annotation materials for adopting jurisdictions, see Uniform Laws Annotated, Master Edition, or the ULA Database on Westlaw.>


Jurisdiction

Laws

Effective Date

Statutory Citation

Alabama

1971, No. 140

9-16-1971 [FN*]

Code 1975, §§ 20-2-1 to 20-2-190.

Alaska

1982, c. 45

1-1-1983

AS 11.71.010 to 11.71.900, 17.30.010 to 17.30.900.

Arizona

1979, c. 103

7-1-1980

A.R.S. §§ 36-2501 to 36-2553.

Arkansas [FN2]

1971, No. 590

4-7-1971

A.C.A. §§ 5-64-101 to 5-64-608.

California

1972, c. 1407

3-7-1973

West's Ann.Cal. Health & Safety Code, §§ 11000 to 11657.

Colorado

1981, pp. 707 to 728

 

West's C.R.S.A. §§ 18-18-101 to 18-18-605.

Connecticut

1967, No. 555

6-21-1967

C.G.S.A. §§ 21a-240 to 21a-283.

Delaware

1972, c. 424

6-13-1972 [FN*]

16 Del.C. §§ 4701 to 4796.

District of Columbia

1981, D.C.Law 4-29

 

D.C. Official Code, 2001 Ed. §§ 48-901.01 to 48-931.02.

Florida

1973, c. 331

7-1-1973

West's F.S.A. §§ 893.01 to 893.165.

Georgia

1974, p. 221

7-1-1974

O.C.G.A. §§ 16-13-20 to 16-13-56.

Hawaii

1972, c. 10

1-1-1973

HRS §§ 329-1 to 329-128.

Idaho

1971, c. 215

5-1-1971

I.C. §§ 37-2701 to 37-2751.

Illinois

1971, P.A. 77-757

8-16-1971

S.H.A. 720 ILCS 570/100 to 570/603.

Indiana

1976, P.L. 148

7-1-1977

West's A.I.C. 35-48-1-1 to 35-48-7-15.

Iowa

1971, c. 148

7-1-1971

I.C.A. §§ 124.101 to 124.602.

Kansas

1972, c. 234

7-1-1972

K.S.A. 65-4101 to 65-4166.

Kentucky

1972, c. 226

7-1-1972

KRS 218A.010 to 218A.993.

Louisiana

1972, No. 634

7-26-1972

LSA-R.S. 40:961 to 40:995.

Maine

1975, c. 499

5-1-1976

17-A M.R.S.A. §§ 1101 to 1118.

 

1941, c. 251

4-16-1941

22 M.R.S.A. §§ 2383, 2383-A, 2383-B.

Maryland

2002, c. 26

10-1-2002

Criminal Law, §§ 5-101 to 5-1101.

Massachusetts

1971, c. 1071

7-1-1972

M.G.L.A. c. 94C, §§ 1 to 48.

Michigan

1978, No. 368

9-30-1978

M.C.L.A. §§ 333.7101 to 333.7545.

Minnesota

1971, c. 937

6-18-1971

M.S.A. §§ 152.01 to 152.20.

Mississippi

1971, c. 521

4-16-1971

Code 1972, §§ 41-29-101 to 41-29-185.

Missouri

1971, H.B. No. 69

9-28-1971

V.A.M.S. §§ 195.010 to 195.320.

Montana

1973, c. 412

7-1-1973

MCA 50-32-101 to 50-32-405.

Nebraska

1971, LB 326

5-26-1971

R.R.S.1943, §§ 28-401 to 28-457.

Nevada

1971, c. 667

1-1-1972

N.R.S. 453.011 et seq.

New Jersey

1970, c. 226

1-17-1971

N.J.S.A. 2C:35-1 to 2C:35-23, 2C:36-1 to 2C:36-10, 24:21-1 to 24:21-53.

New Mexico

1972, c. 84

 

NMSA 1978, §§ 30-31-1 to 30-31-41.

New York

1972, c. 878

4-1-1973

McKinney's Public Health Law §§ 3300 to 3396.

North Carolina

1971, c. 919

1-1-1972

G.S. §§ 90-86 to 90-113.8.

North Dakota

1971, c. 235

7-1-1971

NDCC 19-03.1-01 to 19-03.1-44.

Ohio

1975, p. 269

7-1-1976

R.C. §§ 3719.01 to 3719.99.

Oklahoma

1971, c. 119

9-1-1971

63 Okl.St.Ann. §§ 2-101 to 2-610.

Oregon

1977, c. 745

7-1-1978

ORS 475.005 to 475.285, 475.295, 475.940 to 475.999.

Pennsylvania

1972, No. 64

6-14-1972

35 P.S. §§ 780-101 to 780-144.

Puerto Rico

1971, No. 4

180 days after

24 L.P.R.A. §§ 2101 to 2607.

 

 

6-23-1971

 

Rhode Island

1974, c. 183

7-1-1974

Gen.Laws 1956, §§ 21-28-1.01 to 21-28-6.02.

South Carolina

1971, p. 800

6-17-1971

Code 1976, §§ 44-53-110 to 44-53-590.

South Dakota

1970, c. 229

2-13-1970

SDCL 34-20B-1 to 34-20B-114.

Tennessee

1971, c. 163

7-1-1971

T.C.A. §§ 39-17-401 to 39-17-434, 53-11-301 to 53-11-452.

Texas

1973, c. 429

8-27-1973

V.T.C.A. Health & Safety Code, §§ 481.001 to 482.005.

Utah

1971, c. 145

1-1-1972

U.C.A.1953, 58-37-1 to 58-37-21.

Virgin Islands

1971, No. 2961

30 days foll.

19 V.I.C. §§ 591 to 631.

 

 

3-23-1971

 

Virginia

1970, c. 650

4-5-1970 [FN*]

Code 1950, § 54.1-3400 et seq.

Washington

1971, c. 308

5-21-1971

West's RCWA §§ 69.50.101 to 69.50.609.

West Virginia

1971, c. 54

6-10-1971

Code, 60A-1-101 to 60A-6-605.

Wisconsin

1971, c. 219

10-1-1972

W.S.A. 961.001 to 961.62.

Wyoming

1971, c. 246

3-4-1971 [FN*]

Wyo.Stat.Ann. §§ 35-7-1001 to 35-7-1062.


[FN1] The 1970, 1990, and 1994 versions of the Uniform Controlled Substances Act, while different, are similar in many of their provisions. The acts of the adopting jurisdictions will, therefore, generally contain many provisions common to all of those versions. Thus, it is often difficult to say with certitude that a jurisdiction has adopted one version of the act rather than another. For that reason, all jurisdictions adopting the Uniform Controlled Substances Act will be carried in an identical table found at the beginning of each of the versions of the act.


[FN2] Note that Arkansas has adopted and retains the major provisions of both the Uniform Narcotic Drug Act and the Uniform Controlled Substances Act. See General Statutory Note, infra.


[FN*] Date of approval.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-3 “Administer” defined


Sec. 3. “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:


(1) a practitioner or by his authorized agent; or


(2) the patient or research subject at the direction and in the presence of the practitioner.



CREDIT(S)


As added by P.L.5-1988, SEC.183.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-4


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-4 Repealed


(Repealed by P.L.84-2010, SEC.102.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-5 “Agent” defined


Sec. 5. “Agent” means an authorized person who acts on behalf of, or at the direction of, a manufacturer, distributor, or dispenser, but it does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.



CREDIT(S)


As added by P.L.5-1988, SEC.185.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-6 “Board” defined


Sec. 6. “Board” refers to the Indiana state board of pharmacy.



CREDIT(S)


As added by P.L.5-1988, SEC.186.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-7 “Cocaine” defined


Sec. 7. “Cocaine” includes coca leaves and any salt, compound, or derivative of coca leaves, and any salt, compound, isomer, derivative, or preparation which is chemically equivalent or identical to any of these substances. However, decocainized coca leaves or extraction of coca leaves that do not contain cocaine or ecgonine are not included.



CREDIT(S)


As added by P.L.5-1988, SEC.187.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-8 Repealed


(Repealed by P.L.3-1989, SEC.224.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-9 “Controlled substance” defined


Sec. 9. “Controlled substance” means a drug, substance, or immediate precursor in schedule I, II, III, IV, or V under:


(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or IC 35-48-2-12, if IC 35-48-2-14 does not apply; or


(2) a rule adopted by the board, if IC 35-48-2-14 applies.



CREDIT(S)


As added by P.L.5-1988, SEC.189.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-9.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-9.3 “Controlled substance analog” defined


Sec. 9.3. (a) “Controlled substance analog” means a substance:


(1) the chemical structure of which is substantially similar to that of a controlled substance included in schedule I or II and that has; or


(2) that a person represents or intends to have;


a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.


(b) The definition set forth in subsection (a) does not include:


(1) a controlled substance;


(2) a substance for which there is an approved new drug application;


(3) a substance for which an exemption is in effect for investigational use by a person under Section 505 of the federal Food, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), to the extent that conduct with respect to the substance is permitted under the exemption; or


(4) a substance to the extent not intended for human consumption before an exemption takes effect regarding the substance.



CREDIT(S)


As added by P.L.225-2003, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-10 “Counterfeit substance” defined


Sec. 10. “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.



CREDIT(S)


As added by P.L.5-1988, SEC.190.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-11 “Delivery” defined


Sec. 11. “Delivery” means:


(1) an actual or constructive transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship; or


(2) the organizing or supervising of an activity described in subdivision (1).



CREDIT(S)


As added by P.L.5-1988, SEC.191. Amended by P.L.165-1990, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-12


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-12 “Dispense” defined


Sec. 12. “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.



CREDIT(S)


As added by P.L.5-1988, SEC.192.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-13 “Dispenser” defined


Sec. 13. “Dispenser” means a practitioner who dispenses.



CREDIT(S)


As added by P.L.5-1988, SEC.193.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-14 “Distribute” defined


Sec. 14. “Distribute” means to deliver other than by administering or dispensing a controlled substance.



CREDIT(S)


As added by P.L.5-1988, SEC.194.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-15 “Distributor” defined


Sec. 15. “Distributor” means a person who distributes.



CREDIT(S)


As added by P.L.5-1988, SEC.195.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-16


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-16 “Drug” defined


Sec. 16. “Drug” has the meaning set forth in IC 16-42-19-2. It does not include devices or their components, parts, or accessories, nor does it include food.



CREDIT(S)


As added by P.L.5-1988, SEC.196. Amended by P.L.2-1993, SEC.190.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-17


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-17 “Immediate precursor” defined


Sec. 17. “Immediate precursor” means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediate used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.



CREDIT(S)


As added by P.L.5-1988, SEC.197.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-18


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-18 “Manufacture” defined


Sec. 18. “Manufacture” means:


(1) the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. It does not include the preparation, compounding, packaging, or labeling of a controlled substance:


(A) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or


(B) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or


(2) the organizing or supervising of an activity described in subdivision (1).



CREDIT(S)


As added by P.L.5-1988, SEC.198. Amended by P.L.165-1990, SEC.2; P.L.17-2001, SEC.18.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-19


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-19 “Marijuana” defined


Sec. 19. “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom); or the sterilized seed of the plant which is incapable of germination.



CREDIT(S)


As added by P.L.5-1988, SEC.199.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-20


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-20 “Narcotic drug” defined


Sec. 20. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:


(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.


(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical to any of the substances referred to in subdivision (1) of this definition, but not including the isoquinoline alkaloids of opium.


(3) Opium poppy and poppy straw.



CREDIT(S)


As added by P.L.5-1988, SEC.200.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-21


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-21 “Opiate” defined


Sec. 21. “Opiate” means a substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under IC 35-48-2, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.



CREDIT(S)


As added by P.L.5-1988, SEC.201.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-22


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-22 “Opium poppy” defined


Sec. 22. “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.



CREDIT(S)


As added by P.L.5-1988, SEC.202.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-23


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-23 “Poppy straw” defined


Sec. 23. “Poppy straw” means any part, except the seeds, of the opium poppy, after mowing.



CREDIT(S)


As added by P.L.5-1988, SEC.203.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-24


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-24 “Practitioner” defined


Sec. 24. “Practitioner” means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in Indiana.



CREDIT(S)


As added by P.L.5-1988, SEC.204.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-25


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-25 “Prescription drug” defined


Sec. 25. “Prescription drug” means a controlled substance or a legend drug (as defined in IC 16-18-2-199).



CREDIT(S)


As added by P.L.5-1988, SEC.205. Amended by P.L.2-1993, SEC.191.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-26


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-26 “Production” defined


Sec. 26. “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.



CREDIT(S)


As added by P.L.5-1988, SEC.206.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-1-27


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 1. Definitions (Refs & Annos)

35-48-1-27 “Ultimate user” defined


Sec. 27. “Ultimate user” means a person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administering to an animal owned by the person or by a member of the person's household.



CREDIT(S)


As added by P.L.5-1988, SEC.207.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 48, Ch. 2, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-0.1 Repealed by P.L.63-2012, SEC.82, eff. July 1, 2012



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-1 Considerations of board determinations on substances; exclusion of a narcotic substance from schedule


Sec. 1. (a) The board shall administer this article and may recommend to the general assembly the addition, deletion, or rescheduling of all substances listed in the schedules in sections 4, 6, 8, 10, and 12 of this chapter by submitting in an electronic format under IC 5-14-6 a report of such recommendations to the legislative council. In making a determination regarding a substance, the board shall consider the following:


(1) The actual or relative potential for abuse.


(2) The scientific evidence of its pharmacological effect, if known.


(3) The state of current scientific knowledge regarding the substance.


(4) The history and current pattern of abuse.


(5) The scope, duration, and significance of abuse.


(6) The risk to public health.


(7) The potential of the substance to produce psychic or physiological dependence liability.


(8) Whether the substance is an immediate precursor of a substance already controlled under this article.


(b) After considering the factors enumerated in subsection (a), the board shall make findings and recommendations concerning the control of the substance if it finds the substance has a potential for abuse.


(c) If the board finds that a substance is an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.


(d) If any substance is designated or rescheduled to a more restrictive schedule as a controlled substance under federal law and notice is given to the board, the board shall recommend similar control of the substance under this article in the board's report to the general assembly, unless the board objects to inclusion or rescheduling. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its findings.


(e) If a substance is rescheduled to a less restrictive schedule or deleted as a controlled substance under federal law, the substance is rescheduled or deleted under this article. If the board objects to inclusion, rescheduling, or deletion of the substance, the board shall notify the chairman of the legislative council not more than thirty (30) days after the federal law is changed and the substance may not be rescheduled or deleted until the conclusion of the next complete session of the general assembly. The notice from the board to the chairman of the legislative council must be published.


(f) The board shall conduct hearings regarding revocations, suspensions, and restrictions of registrations as provided in IC 35-48-3-4. All hearings shall be conducted in accordance with IC 4-21.5-3.


(g) Authority to control under this section does not extend to distilled spirits, wine, or malt beverages, as those terms are defined or used in IC 7.1, or to tobacco.


(h) The board shall exclude any nonnarcotic substance from a schedule if that substance may, under the Federal Food, Drug, and Cosmetic Act [FN1] or state law, be sold over the counter without a prescription.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.344, SEC.1; P.L.137-1985, SEC.17; P.L.200-1987, SEC.4; P.L.188-1989, SEC.4; P.L.33-1993, SEC.73; P.L.163-1994, SEC.2; P.L.177-1997, SEC.8; P.L.14-2000, SEC.77; P.L.107-2002, SEC.31; P.L.28-2004, SEC.178, eff. July 1, 2003; P.L.84-2010, SEC.92.


[FN1] 21 U.S.C.A. § 301 et seq.


SUNSET PROVISIONS


<Legislative evaluation and oversight of agencies and agency programs, see IC 2-5-21-1 et seq.>



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-1.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-1.1 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-1.5


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-1.5 Repealed


(Repealed by P.L.84-2010, SEC.102.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-2 Nomenclature


Sec. 2. Nomenclature. The controlled substances listed in the schedules in sections 4, 6, 8, 10 and 12 of this chapter are included by whatever official, common, usual, chemical, or trade name designated. The number placed in brackets after each substance is its federal Drug Enforcement Administration Controlled Substances Code Number which is to be used for identification purposes on certain certificates of registration.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979, P.L.303, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-3 Schedule I tests


Sec. 3. (a) The board shall recommend placement of a substance in schedule I under this chapter if it finds that the substance:


(1) has high potential for abuse; and


(2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.


(b) The board may recommend placement of a substance in schedule I under this chapter if it finds that the substance is classified as a controlled substance in schedule I under federal law.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.6.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-4


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-4 Schedule I


Sec. 4. (a) The controlled substances listed in this section are included in schedule I.


(b) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted by rule of the board or unless listed in another schedule, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:


Acetyl-alpha-methylfentanyl (N-[1 -(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide) (9815)


Acetylmethadol (9601)


Allylprodine (9602)


Alpha-methylthiofentanyl (N-[1-me thyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)


Alphacetylmethadol (9603)


Alphameprodine (9604)


Alphamethadol (9605)


Alphamethylfentanyl (9814)


Benzethidine (9606)


Beta-hydroxy-3-methylfentanyl (9831). Other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide


Beta-hydroxyfentanyl (N-[1-(2-hyd roxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)


Betacetylmethadol (9607)


Betameprodine (9608)


Betamethadol (9609)


Betaprodine (9611)


Clonitazene (9612)


Dextromoramide (9613)


Diampromide (9615)


Diethylthiambutene (9616)


Difenoxin (9168)


Dimenoxadol (9617)


Dimepheptanol (9618)


Dimethylthiambutene (9619)


Dioxaphetyl butyrate (9621)


Dipipanone (9622)


Ethylmethylthiambutene (9623)


Etonitazene (9624)


Etoxeridine (9625)


Furethidine (9626)


Hydroxypethidine (9627)


Ketobemidone (9628)


Levomoramide (9629)


Levophenacylmorphan (9631)


3-Methylfentanyl [N-[3-methyl-1-( 2-phenylethyl)-4-piperidyl]-N-phenyl-propanimide](9813)


3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide) (9833)


MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)


Morpheridine (9632)


N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), including any isomers, salts, or salts of isomers (9818)


N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), including any isomers, salts, or salts of isomers (9834)


Noracymethadol (9633)


Norlevorphanol (9634)


Normethadone (9635)


Norpipanone (9636)


Para-fluorofentanyl (N-(4-fluorophenyl)-N-


[1-(2-phenethyl)-4-piperidinyl] propanamide (9812)


Phenadoxone (9637)


Phenampromide (9638)


Phenomorphan (9647)


Phenoperidine (9641)


PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)


Piritramide (9642)


Proheptazine (9643)


Properidine (9644)


Propiram (9649)


Racemoramide (9645)


Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-piperidinyl]-propanamide) (9835)


Tilidine (9750)


Trimeperidine (9646)


(c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted by rule of the board or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:


Acetorphine (9319)


Acetyldihydrocodeine (9051)


Benzylmorphine (9052)


Codeine methylbromide (9070)


Codeine-N-Oxide (9053)


Cyprenorphine (9054)


Desomorphine (9055)


Dihydromorphine (9145)


Drotebanol (9335)


Etorphine (except hydrochloride salt) (9056)


Heroin (9200)


Hydromorphinol (9301)


Methyldesorphine (9302)


Methyldihydromorphine (9304)


Morphine methylbromide (9305)


Morphine methylsulfonate (9306)


Morphine-N-Oxide (9307)


Myrophine (9308)


Nicocodeine (9309)


Nicomorphine (9312)


Normorphine (9313)


Pholcodine (9314)


Thebacon (9315)


(d) Hallucinogenic substances. Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted by rule of the board or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:


(1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name: TCPy.


(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine; 4-Bromo-2, 5-DMA.


(3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade or other names:


2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus.


(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name: DOET.


(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348). Other name: 2C-T-7.


(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.


(7) 4-Methoxyamphetamine (7411). Some trade or other names: 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine; PMA.


(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other Name: MMDA.


(9) 5-Methoxy-N, N-diisopropyltryptamine, including any isomers, salts, or salts of isomers (7439). Other name: 5-MeO-DIPT.


(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade and other names: 4-methyl-2,


5-dimethoxy-a-methylphenethylamine; DOM; and STP.


(11) 3, 4-methylenedioxy amphetamine (7400). Other name: MDA.


(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other names: N-ethyl-alpha-methyl-3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; and MDEA.


(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).


(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.


(15) Alpha-ethyltryptamine (7249). Some trade and other names: Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET.


(16) Alpha-methyltryptamine (7432). Other name: AMT.


(17) Bufotenine (7433). Some trade and other names:


3-(B-Dimethylaminoethyl)-5-hydroxyindole;


3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;


5-hydroxy-N, N-dimethyltryptamine; mappine.


(18) Diethyltryptamine (7434). Some trade or other names: N, N-Diethyltryptamine; DET.


(19) Dimethyltryptamine (7435). Some trade or other names: DMT.


(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.


(21) Lysergic acid diethylamide (7315). Other name: LSD.


(22) Marijuana (7360).


(23) Mescaline (7381).


(24) Parahexyl (7374). Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6, 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.


(25) Peyote (7415), including:


(A) all parts of the plant that are classified botanically as lophophora williamsii lemaire, whether growing or not;


(B) the seeds thereof;


(C) any extract from any part of the plant; and


(D) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts.


(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.


(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402). Other names: N-hydroxy-alpha-methyl-3,4 (methylenedioxy)phenethylamine; and N-hydroxy MDA.


(28) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.


(29) Psilocybin (7437).


(30) Psilocyn (7438).


(31) Tetrahydrocannabinols (7370), including synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:


(A) 1 cis or trans tetrahydrocannabinol, and their optical isomers;


(B) 6 cis or trans tetrahydrocannabinol, and their optical isomers; and


(C) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers.


Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. Other name: THC.


(32) Ethylamine analog of phencyclidine (7455). Some trade or other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine; cyclohexamine; PCE.


(33) Pyrrolidine analog of phencyclidine (7458). Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.


(34) Thiophene analog of phencyclidine (7470). Some trade or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine; TPCP.


(35) Synthetic drugs (as defined in IC 35-31.5-2-321).


(36) Salvia divinorum or salvinorin A, including:


(A) all parts of the plant that are classified botanically as salvia divinorum, whether growing or not;


(B) the seeds of the plant;


(C) any extract from any part of the plant; and


(D) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts.


(e) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:


Gamma-hydroxybutyric acid (other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) (2010)


Mecloqualone (2572)


Methaqualone (2565)


(f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:


([+/-]) cis-4-methylaminorex (( [+/-])cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)


Aminorex (1585). Other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine.


Cathinone (1235). Some trade or other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; and norephedrone.


Fenethylline (1503).


N-Benzylpiperazine (7493). Other names: BZP; and 1-benzylpiperazine.


N-ethylamphetamine (1475)


Methcathinone (1237) Some other trade names: 2-Methylamino-1-Phenylpropan-I-one; Ephedrone; Monomethylpropion; UR 1431.


N, N-dimethylamphetamine (1480). Other names: N, N-alpha-trimethyl-benzeneethanamine; and N, N-alpha-trimethylphenethylamine.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979, P.L.303, SEC.3; Acts 1981, P.L.170, SEC.2; P.L.333-1983, SEC.1; P.L.327-1985, SEC.1; P.L.156-1986, SEC.4; P.L.200-1987, SEC.7; P.L.163-1994, SEC.3; P.L.2-1996, SEC.286; P.L.288-2001, SEC.15; P.L.22-2008, SEC.1; P.L.138-2011, SEC.12, and P.L.182-2011, SEC.12; P.L.6-2012, SEC.233, eff. Feb. 22, 2012; P.L.78-2012, SEC.12, eff. March 15, 2012; P.L.114-2012, SEC.144; P.L.196-2013, SEC.20, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-5 Schedule II tests


Sec. 5. (a) The board shall recommend placement of a substance in schedule II under this chapter if it finds that:


(1) the substance has high potential for abuse;


(2) the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and


(3) the abuse of the substance may lead to severe psychological or physical dependence.


(b) The board may recommend placement of a substance in schedule II under this chapter if it finds that the substance is classified as a controlled substance in schedule II under federal law.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.8.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-6


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-6 Schedule II


Sec. 6. (a) The controlled substances listed in this section are included in schedule II.


(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:


(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, naltrexone, and their respective salts but including:


(A) raw opium (9600);


(B) opium extracts (9610);


(C) opium fluid extracts (9620);


(D) powdered opium (9639);


(E) granulated opium (9640);


(F) tincture of opium (9630);


(G) codeine (9050);


(H) dihydroetorphine (9334);


(I) ethylmorphine (9190);


(J) etorphine hydrochloride (9059);


(K) hydrocodone (9193);


(L) hydromorphone (9150);


(M) metopon (9260);


(N) morphine (9300);


(O) oxycodone (9143);


(P) oxymorphone (9652); and


(Q) thebaine (9333).


(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1) of this section, but not including the isoquinoline alkaloids of opium.


(3) Opium poppy and poppy straw.


(4) Cocaine (9041).


(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy) (9670).


(c) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:


Alfentanil (9737)


Alphaprodine (9010)


Anileridine (9020)


Bezitramide (9800)


Bulk dextropropoxyphene (nondosage forms) (9273)


Carfentanil (9743)


Dihydrocodeine (9120)


Diphenoxylate (9170)


Fentanyl (9801)


Isomethadone (9226)


Levo-alphacetylmethadol (9648). Other names: Levo-alpha-acetylmethadol; levomethadyl acetate; and LAAM.


Levomethorphan (9210)


Levorphanol (9220)


Metazocine (9240)


Methadone (9250)


Methadone-Intermediate, 4-cyano-2-dimethyl-amino-4, 4-diphenyl butane (9254)


Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid (9802)


Pethidine (Meperidine) (9230)


Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine (9232)


Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate (9233)


Pethidine-Intermediate-C,1-methyl-4-phenylpiperidine-4-carboxylic acid (9234)


Phenazodine (9715)


Piminodine (9730)


Racemethorphan (9732)


Racemorphan (9733)


Remifentanil (9739)


Sufentanil (9740)


(d) Stimulants. Any material compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:


(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers (1100).


(2) Methamphetamine, including its salts, isomers, and salts of its isomers (1105).


(3) Phenmetrazine and its salts (1631).


(4) Methylphenidate (1724).


(e) Depressants. Unless specifically excepted by rule of the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:


Amobarbital (2125)


Glutethimide (2550)


Pentobarbital (2270)


Phencyclidine (7471)


Secobarbital (2315)


(f) Immediate precursors. Unless specifically excepted by rule of the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:


(1) Immediate precursor to amphetamine and methamphetamine: Phenylacetone (8501). Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.


(2) Immediate precursors to phencyclidine (PCP):


(A) 1-phenylcyclohexylamine (7460); or


(B) 1-piperidinocyclohexanecarbonitrile (PCC) (8603).


(g) Hallucinogenic substances:


Nabilone (7379). Other name: (±)-trans-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979, P.L.303, SEC.4; Acts 1981, P.L.170, SEC.3; P.L.333-1983, SEC.2; P.L.77-1984, SEC.13; P.L.327-1985, SEC.2; P.L.156-1986, SEC.5; P.L.329-1987, SEC.1; P.L.31-1998, SEC.9; P.L.22-2008, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-7 Schedule III tests


Sec. 7. (a) The board shall recommend placement of a substance in schedule III under this chapter if it finds that:


(1) the substance has a potential for abuse less than the substances listed in schedule I and II under this chapter;


(2) the substance has currently accepted medical use in treatment in the United States; and


(3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.


(b) The board may recommend placement of a substance in schedule III under this chapter if it finds that the substance is classified as a controlled substance in schedule III under federal law.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.9.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-8


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-8 Schedule III


Sec. 8. (a) The controlled substances listed in this section are included in schedule III.


(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:


(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II which compounds, mixtures, or preparations were listed on April 1, 1986, as excepted compounds under 21 CFR 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances (1405).


(2) Benzphetamine (1228).


(3) Chlorphentermine (1645).


(4) Clortermine (1647).


(5) Phendimetrazine (1615).


(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:


(1) Any compound, mixture, or preparation containing:


(A) amobarbital (2126);


(B) secobarbital (2316);


(C) pentobarbital (2271); or


(D) any of their salts;


and one (1) or more other active medicinal ingredients which are not listed in any schedule.


(2) Any suppository dosage form containing:


(A) amobarbital (2126);


(B) secobarbital (2316);


(C) pentobarbital (2271); or


(D) any of their salts;


and approved by the Food and Drug Administration for marketing only as a suppository.


(3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt thereof (2100).


(4) Chlorhexadol (2510).


(5) Embutramide (2020).


(6) Lysergic acid (7300).


(7) Lysergic acid amide (7310).


(8) Methyprylon (2575).


(9) Sulfondiethylmethane (2600).


(10) Sulfonethylmethane (2605).


(11) Sulfonmethane (2610).


(12) A combination product containing Tiletamine and Zolazepam or any salt thereof (Telazol) (7295).


(13) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (2012).


(d) Nalorphine (a narcotic drug) (9400).


(e) Narcotic Drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in the following limited quantities:


(1) Not more than 1.8 grams of codeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium (9803).


(2) Not more than 1.8 grams of codeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9804).


(3) Not more than 300 milligrams of dihydrocodeinone, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium (9805).


(4) Not more than 300 milligrams of dihydrocodeinone, per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active nonnarcotic ingredients in recognized therapeutic amounts (9806).


(5) Not more than 1.8 grams of dihydrocodeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9807).


(6) Not more than 300 milligrams of ethylmorphine, per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9808).


(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9809).


(8) Not more than 50 milligrams of morphine, per 100 milliliters or per 100 grams with one (1) or more active nonnarcotic ingredients in recognized therapeutic amounts (9810).


(9) Buprenorphine (9064).


(f) Anabolic steroid (as defined in 21 U.S.C. 802(41)(A) and 21 U.S.C. 802(41)(B)).


(g) The board shall except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) through (e) from the application of any part of this article if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.


(h) Any material, compound, mixture, or preparation which contains any quantity of Ketamine (7285).


(i) Hallucinogenic substances:


Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product (7369).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.2, SEC.86; Acts 1979, P.L.303, SEC.5; Acts 1981, P.L.170, SEC.4; P.L.333-1983, SEC.3; P.L.200-1987, SEC.10; P.L.48-1991, SEC.76; P.L.1-1994, SEC.171; P.L.31-1998, SEC.10; P.L.288-2001, SEC.16; P.L.22-2008, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-9 Schedule IV tests


Sec. 9. (a) The board shall recommend placement of a substance in schedule IV under this chapter if it finds that:


(1) the substance has a low potential for abuse relative to substances in schedule III under this chapter;


(2) the substance has currently accepted medical use in treatment in the United States; and


(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III under this chapter.


(b) The board may recommend placement of a substance in schedule IV under this chapter if it finds that the substance is classified as a controlled substance in schedule IV under federal law.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.11.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-10


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-10 Schedule IV


Sec. 10. (a) The controlled substances listed in this section are included in schedule IV.


(b) Narcotic drugs. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in the following limited quantities:


(1) Not more than 1 milligram of difenoxin (9618) and not less than 25 micrograms of atropine sulfate per dosage unit.


(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane (9278).


(c) Depressants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:


Alprazolam (2882).


Barbital (2145).


Bromazepam (2748).


Camazepam (2749).


Carisoprodol.


Chloral betaine (2460).


Chloral hydrate (2465).


Chlordiazepoxide (2744).


Clobazam (2751).


Clonazepam (2737).


Clorazepate (2768).


Clotiazepam (2752).


Cloxazolam (2753).


Delorazepam (2754).


Diazepam (2765).


Dichloralphenazone (2467).


Estazolam (2756).


Ethchlorvynol (2540).


Ethinamate (2545).


Ethyl loflazepate (2758).


Fludiazepam (2759).


Flunitrazepam (2763).


Flurazepam (2767).


Halazepam (2762).


Haloxazolam (2771).


Ketazolam (2772).


Loprazolam (2773).


Lorazepam (2885).


Lormetazepam (2774).


Mebutamate (2800).


Medazepam (2836).


Meprobamate (2820).


Methohexital (2264).


Methylphenobarbital (mephobarbital) (2250).


Midazolam (2884).


Nimetazepam (2837).


Nitrazepam (2834).


Nordiazepam (2838).


Oxazepam (2835).


Oxazolam (2839).


Paraldehyde (2585).


Petrichloral (2591).


Phenobarbital (2285).


Pinazepam (2883).


Prazepam (2764).


Quazepam (2881).


Temazepam (2925).


Tetrazepam (2886).


Triazolam (2887).


Zaleplon (2781).


Zolpidem (Ambien) (2783).


Zopiclone (2784).


(d) Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.


Fenfluramine (1670).


(e) Stimulants. Unless specifically excepted in a rule adopted by the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:


Cathine ((+)-norpseudoephedrine) (1230).


Diethylpropion (1610).


Fencamfamin (1760).


Fenproporex (1575).


Mazindol (1605).


Mefenorex (1580).


Modafinil (1680).


Phentermine (1640).


Pemoline (including organometallic complexes and chelates thereof) (1530).


Pipradrol (1750).


Sibutramine (1675).


SPA ((-)-1-dimethylamino-1,2-diphenylethane (1635).


(f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances including its salts:


Butorphanol (including its optical isomers) (9720).


Pentazocine (9709).


(g) The board may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b), (c), (d), (e), or (f) from the application of any part of this article if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.344, SEC.2; Acts 1979, P.L.303, SEC.6; Acts 1981, P.L.170, SEC.5; P.L.333-1983, SEC.4; P.L.77-1984, SEC.14; P.L.200-1987, SEC.12; P.L.288-2001, SEC.17; P.L.8-2004, SEC.3; P.L.22-2008, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-11 Schedule V tests


Sec. 11. (a) The board shall recommend placement of a substance in schedule V under this chapter if it finds that:


(1) the substance has low potential for abuse relative to the controlled substances listed in schedule IV under this chapter;


(2) the substance has currently accepted medical use in treatment in the United States; and


(3) the substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV under this chapter.


(b) The board may recommend placement of a substance in schedule V under this chapter if it finds that the substance is classified as a controlled substance in schedule V under federal law.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.13.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-12


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-12 Schedule V


Sec. 12. (a) The controlled substances listed in this section are included in schedule V.


(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in the following quantities, which shall include one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:


(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.


(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.


(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.


(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.


(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.


(6) Not more than 0.5 milligrams of difenoxin (9168), and not less than 25 micrograms of atropine sulfate per dosage unit.


(c) Pregabalin (2782).


(d) Pyrovalerone (1485).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1979, P.L.303, SEC.7; Acts 1981, P.L.170, SEC.6; P.L.327-1985, SEC.3; P.L.22-2008, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-13 Repealed


(Repealed by Acts 1979, P.L.303, SEC.13.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-2-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 2. Classification of Drugs (Refs & Annos)

35-48-2-14 Reclassification; rules


Sec. 14. (a) The board may adopt rules under IC 4-22-2 to reclassify a controlled substance:


(1) from a more restrictive schedule to a less restrictive schedule; or


(2) as a substance that is not a controlled substance;


if the board finds that the substance qualifies for reclassification under this chapter and that the same reclassification has been made in a controlled substance schedule under federal law.


(b) If the board reclassifies a controlled substance under subsection (a), the board shall recommend the same reclassification to the general assembly under section 1 of this chapter.


(c) Notwithstanding a provision in this chapter that classifies a controlled substance in a more restrictive schedule than a rule adopted under subsection (a), a person who manufactures, distributes, dispenses, possesses, or uses a controlled substance in compliance with the requirements applicable to the less restrictive schedule to which a controlled substance is reclassified under subsection (a) does not commit an offense under this article.


(d) Notwithstanding a provision in this chapter that classifies a substance as a controlled substance, a person does not commit an offense under this article if the board has reclassified the controlled substance as a substance that is not a controlled substance.



CREDIT(S)


As added by P.L.200-1987, SEC.14.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-1 Rules


Sec. 1. Rules. The board may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-2


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-2 Limited permits for entities operating animal shelters


Sec. 2. (a) Any humane society, animal control agency, or governmental entity operating an animal shelter or other animal impounding facility is entitled to receive a limited permit only for the purpose of buying, possessing, and using:


(1) sodium pentobarbital to euthanize injured, sick, homeless, or unwanted domestic pets and animals;


(2) ketamine and ketamine products to anesthetize or immobilize fractious domestic pets and animals; and


(3) a combination product containing tiletimine and zolazepam as an agent for the remote chemical capture of domestic pets or animals that otherwise cannot be restrained or captured.


(b) A humane society, animal control agency, or governmental entity entitled to receive a permit under this chapter must:


(1) apply to the board according to the rules established by the board;


(2) pay annually to the board a fee set by the board for the limited permit; and


(3) submit proof, as determined by the board, that the employees of an applicant who will handle a controlled substance are sufficiently trained to use and administer the controlled substance.


(c) All fees collected by the board under this section shall be credited to the state board of pharmacy account.


(d) Storage, handling, and use of controlled substances obtained according to this section are subject to the rules adopted by the board.


(e) Before issuing a permit under this section, the board may consult with the board of veterinary medical examiners.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.193-1987, SEC.16; P.L.136-2001, SEC.1; P.L.84-2010, SEC.93.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-3 Registration requirements


Sec. 3. (a) Every person who manufactures or distributes any controlled substance within this state or who proposes to engage in the manufacture or distribution of any controlled substance within this state, must obtain biennially a registration issued by the board in accordance with its rules.


(b) Every person who dispenses or proposes to dispense any controlled substance within Indiana must have a registration issued by the board in accordance with its rules. A registration issued to a dispenser under this subsection expires whenever the dispenser's license as a practitioner expires. The board shall renew a dispenser's registration under this subsection concurrently with any state license authorizing the dispenser to act as a practitioner.


(c) Persons registered by the board under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this chapter.


(d) The following persons need not register and may lawfully possess controlled substances under this article:


(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment.


(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.


(3) An ultimate user or a person in possession of any controlled substance under a lawful order of a practitioner or in lawful possession of a schedule V substance.


(e) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.


(f) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, dispenses, or possesses controlled substances.


(g) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.156-1986, SEC.6.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-3.1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-3.1 Extension of registration; fees; evidence of extended registration


Sec. 3.1. (a) A registration to manufacture, distribute, or dispense a controlled substance that is:


(1) issued by the Indiana state board of pharmacy under this chapter, as effective April 30, 1986; and


(2) in effect on April 30, 1986;


does not expire until the date specified for renewal of the registration under section 3 of this chapter, as amended by P.L.156-1986. However, the registrant is liable for a prorated renewal fee proportionate to the fraction of the renewal period specified under section 3 of this chapter, as amended by P.L.156-1986, that the extended registration is in effect.


(b) The health professions bureau shall:


(1) notify a registrant described under subsection (a) in writing of; and


(2) collect;


the amount of the prorated fee applicable to the registrant's extended registration.


(c) The health professions bureau shall issue to a registrant described under subsection (a) such evidence of the registrant's extended registration as the state board of pharmacy requires.



CREDIT(S)


As added by P.L.220-2011, SEC.629.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-4


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-4 Registration


Sec. 4. (a) The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider:


(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;


(2) compliance with applicable state and local law;


(3) any convictions of the applicant under any federal and state laws relating to any controlled substance;


(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;


(5) furnishing by the applicant of false or fraudulent material in any application filed under this article;


(6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and


(7) any other factors relevant to and consistent with the public health and safety.


(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedules I or II other than those specified in the registration.


(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity, to the extent authorized by his registration in that other capacity.


(d) Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the board in accordance with the registration.


(e) The board may consult with the board of veterinary medical examiners before issuing a registration to a person:


(1) who seeks to conduct research or instructional activities with controlled substances in schedules I through IV; and


(2) whose activities constitute the practice of veterinary medicine (as defined by IC 25-38.1-1-12).


(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981, P.L.170, SEC.7; P.L.84-2010, SEC.94.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-5


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-5 Denial, revocation and suspension of registration


Sec. 5. (a) An application for registration or reregistration submitted pursuant to and a registration issued under section 3 of this chapter to manufacture, distribute, or dispense a controlled substance may be denied, suspended, or revoked by the board upon a finding that the applicant or registrant:


(1) has furnished false or fraudulent material information in any application filed under this article;


(2) has violated any state or federal law relating to any controlled substance;


(3) has had the applicant's or registrant's federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; or


(4) has failed to maintain reasonable controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.


(b) The board may limit revocation or suspension of a registration or the denial of an application for registration or reregistration to the particular controlled substance with respect to which grounds for revocation, suspension, or denial exist.


(c) If the board suspends or revokes a registration or denies an application for reregistration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation or denial order may be placed under seal. The board may require the removal of such substances from the premises. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation or denial order becoming final, all controlled substances may be forfeited to the state.


(d) The board shall promptly notify the drug enforcement administration of all orders suspending or revoking registration, all orders denying any application for registration or reregistration, and all forfeitures of controlled substances.


(e) If the Drug Enforcement Administration terminates, denies, suspends, or revokes a federal registration for the manufacture, distribution, or dispensing of controlled substances, a registration issued by the board under this chapter is automatically suspended.


(f) The board may reinstate a registration that has been suspended under subsection (e), after a hearing, if the board is satisfied that the applicant is able to manufacture, distribute, or dispense controlled substances with reasonable skill and safety to the public. As a condition of reinstatement, the board may impose disciplinary or corrective measures authorized under IC 25-1-9-9 or this article.


(g) A registration issued under this chapter is automatically revoked if any state license authorizing a dispenser to act as a practitioner is revoked.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981, P.L.170, SEC.8; P.L.197-2007, SEC.93; P.L.84-2010, SEC.95.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-6


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-6 Order to show cause


Sec. 6. (a) Before recommending a denial, suspension, or revocation of a registration, or before refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or why the renewal should not be denied. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with IC 4-21.5 without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing.


(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 4 of this chapter, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.


(c) If an applicant for reregistration (who is doing business under a registration previously granted and not revoked nor suspended) has applied for reregistration at least forty-five (45) days before the date on which the existing registration is due to expire, the existing registration of the applicant shall automatically be extended and continue in effect until the date on which the board so issues its order. The board may extend any other existing registration under the circumstances contemplated in this section even though the registrant failed to apply for reregistration at least forty-five (45) days before expiration of the existing registration, with or without request by the registrant, if the board finds that such extension is not inconsistent with the public health and safety.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.7-1987, SEC.166; P.L.84-2010, SEC.96.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-7 Records of registrants


Sec. 7. Records of Registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the board issues.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-8 Order forms


Sec. 8. Order Forms. Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms is deemed compliance with this section.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-9


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-9 Prescriptions


Sec. 9. (a) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a practitioner.


(b) In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of section 7 of this chapter. No prescription for a schedule II substance may be refilled.


(c) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner, or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under IC 16-42-19, shall not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. Prescriptions for schedule III, IV, and V controlled substances may be transmitted by facsimile from the practitioner or the agent of the practitioner to a pharmacy. The facsimile prescription is equivalent to an original prescription to the extent permitted under federal law.


(d) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.2-1993, SEC.192; P.L.163-1994, SEC.4; P.L.204-2005, SEC.21; P.L.174-2011, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-10 Repealed


(Repealed by P.L.157-1999, SEC.2.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-3-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 3. Registration and Control

35-48-3-11 Treatment for weight reduction or to control obesity


Sec. 11. (a) Only a physician licensed under IC 25-22.5 may treat a patient with a Schedule III or Schedule IV controlled substance for the purpose of weight reduction or to control obesity.


(b) A physician licensed under IC 25-22.5 may not prescribe, dispense, administer, supply, sell, or give any amphetamine, sympathomimetic amine drug, or compound designated as a Schedule III or Schedule IV controlled substance under IC 35-48-2-8 and IC 35-48-2-10 for a patient for purposes of weight reduction or to control obesity, unless the physician does the following:


(1) Determines:


(A) through review of:


(i) the physician's records of prior treatment of the patient; or


(ii) the records of prior treatment of the patient provided by a previous treating physician or weight loss program;


that the physician's patient has made a reasonable effort to lose weight in a treatment program using a regimen of weight reduction based on caloric restriction, nutritional counseling, behavior modification, and exercise without using controlled substances; and


(B) that the treatment described in clause (A) has been ineffective for the physician's patient.


(2) Obtains a thorough history and performs a thorough physical examination of the physician's patient before initiating a treatment plan using a Schedule III or Schedule IV controlled substance for purposes of weight reduction or to control obesity.


(c) A physician licensed under IC 25-22.5 may not begin and shall discontinue using a Schedule III or Schedule IV controlled substance for purposes of weight reduction or to control obesity after the physician determines in the physician's professional judgment that:


(1) the physician's patient has failed to lose weight using a treatment plan involving the controlled substance;


(2) the controlled substance has provided a decreasing contribution toward further weight loss for the patient unless continuing to take the controlled substance is medically necessary or appropriate for maintenance therapy;


(3) the physician's patient:


(A) has a history of; or


(B) shows a propensity for;


alcohol or drug abuse; or


(4) the physician's patient has consumed or disposed of a controlled substance in a manner that does not strictly comply with a treating physician's direction.



CREDIT(S)


As added by P.L.157-1999, SEC.1. Amended by P.L.37-2001, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 48, Ch. 4, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-0.1 Application of certain amendments


Sec. 0.1. The following amendments to this chapter apply as follows:


(1) The amendments made to section 13 of this chapter by P.L.31-1998 apply only to offenses committed after June 30, 1998. An offense committed under section 13 of this chapter before July 1, 1998, may be prosecuted and remains punishable as provided in section 13 of this chapter, as effective before July 1, 1998.


(2) The addition of section 0.5 of this chapter by P.L.225-2003 applies only to a controlled substance offense under this chapter that occurs after June 30, 2003.



CREDIT(S)


As added by P.L.220-2011, SEC.630. Amended by P.L.63-2012, SEC.83.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-0.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-0.5 Schedule 1 controlled substance analog


Sec. 0.5. For purposes of this chapter, a “controlled substance analog” is considered to be a controlled substance in schedule I if the analog is in whole or in part intended for human consumption.



CREDIT(S)


As added by P.L.225-2003, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-1 Dealing in cocaine or narcotic drug


Sec. 1. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II;


commits dealing in cocaine or a narcotic drug, a Class B felony, except as provided in subsection (b).


(b) The offense is a Class A felony if:


(1) the amount of the drug involved weighs three (3) grams or more;


(2) the person:


(A) delivered; or


(B) financed the delivery of;


the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or


(3) the person manufactured, delivered, or financed the delivery of the drug:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96; Acts 1979, P.L.303, SEC.8; P.L.296-1987, SEC.5; P.L.165-1990, SEC.3; P.L.296-1995, SEC.3; P.L.65-1996, SEC.11; P.L.17-2001, SEC.19; P.L.151-2006, SEC.22.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-1.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-1.1 Dealing in methamphetamine


Sec. 1.1. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


methamphetamine, pure or adulterated; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


methamphetamine, pure or adulterated;


commits dealing in methamphetamine, a Class B felony, except as provided in subsection (b).


(b) The offense is a Class A felony if:


(1) the amount of the drug involved weighs three (3) grams or more;


(2) the person:


(A) delivered; or


(B) financed the delivery of;


the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or


(3) the person manufactured, delivered, or financed the delivery of the drug:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by P.L.151-2006, SEC.23.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-2


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-2 Dealing in a schedule I, II, or III controlled substance


Sec. 2. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid;


commits dealing in a schedule I, II, or III controlled substance, a Class B felony, except as provided in subsection (b).


(b) The offense is a Class A felony if:


(1) the person:


(A) delivered; or


(B) financed the delivery of;


the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or


(2) the person delivered or financed the delivery of the substance:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.97; Acts 1979, P.L.303, SEC.9; P.L.296-1987, SEC.6; P.L.165-1990, SEC.4; P.L.296-1995, SEC.4; P.L.65-1996, SEC.12; P.L.17-2001, SEC.20; P.L.138-2011, SEC.13, and P.L.182-2011, SEC.13.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-3 Dealing in a schedule IV controlled substance


Sec. 3. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


a controlled substance, pure or adulterated, classified in schedule IV; or


(2) possesses, with intent to manufacture or deliver, a controlled substance, pure or adulterated, classified in schedule IV;


commits dealing in a schedule IV controlled substance, a Class C felony, except as provided in subsection (b).


(b) The offense is a Class B felony if:


(1) the person:


(A) delivered; or


(B) financed the delivery of;


the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or


(2) the person delivered or financed the delivery of the substance:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC.7; P.L.165-1990, SEC.5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-4 Dealing in a schedule V controlled substance


Sec. 4. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


a controlled substance, pure or adulterated, classified in schedule V; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


a controlled substance, pure or adulterated, classified in schedule V;


commits dealing in a schedule V controlled substance, a Class D felony, except as provided in subsection (b).


(b) The offense is a Class B felony if:


(1) the person:


(A) delivered; or


(B) financed the delivery of;


the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or


(2) the person delivered or financed the delivery of the substance:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.99; P.L.296-1987, SEC.8; P.L.165-1990, SEC.6; P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-4.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-4.1 Dumping controlled substance waste


Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of:


(1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or


(2) waste, knowing that the waste was produced from the illegal manufacture of a controlled substance or an immediate precursor;


commits dumping controlled substance waste, a Class D felony.


(b) It is not a defense in a prosecution under subsection (a) that the person did not manufacture the controlled substance or immediate precursor.



CREDIT(S)


As added by P.L.17-2001, SEC.23.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-4.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-4.5 Dealing in a substance represented to be a controlled substance


Sec. 4.5. (a) A person who knowingly or intentionally delivers or finances the delivery of any substance, other than a controlled substance or a drug for which a prescription is required under federal or state law, that:


(1) is expressly or impliedly represented to be a controlled substance;


(2) is distributed under circumstances that would lead a reasonable person to believe that the substance is a controlled substance; or


(3) by overall dosage unit appearance, including shape, color, size, markings, or lack of markings, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe the substance is a controlled substance;


commits dealing in a substance represented to be a controlled substance, a Class D felony.


(b) In determining whether representations have been made, subject to subsection (a)(1), or whether circumstances of distribution exist, subject to subsection (a)(2), the trier of fact may consider, in addition to other relevant factors, the following:


(1) Statements made by the owner or other person in control of the substance, concerning the substance's nature, use, or effect.


(2) Statements made by any person, to the buyer or recipient of the substance, that the substance may be resold for profit.


(3) Whether the substance is packaged in a manner uniquely used for the illegal distribution of controlled substances.


(4) Whether:


(A) the distribution included an exchange of, or demand for, money or other property as consideration; and


(B) the amount of the consideration was substantially greater than the reasonable retail market value of the substance.



CREDIT(S)


As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986, SEC.1; P.L.165-1990, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-4.6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-4.6 Manufacturing, financing the manufacture, advertising, distributing or possessing substance represented to be a controlled substance; restitution and reimbursement for environmental cleanup


Sec. 4.6. (a) A person who knowingly or intentionally:


(1) manufactures;


(2) finances the manufacture of;


(3) advertises;


(4) distributes; or


(5) possesses with intent to manufacture, finance the manufacture of, advertise, or distribute;


a substance described in section 4.5 of this chapter commits a Class C felony.


(b) A person who knowingly or intentionally possesses a substance described in section 4.5 of this chapter commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous conviction under this section.


(c) In any prosecution brought under this section it is not a defense that the person believed the substance actually was a controlled substance.


(d) This section does not apply to the following:


(1) The manufacture, financing the manufacture of, processing, packaging, distribution, or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.


(2) Persons acting in the course and legitimate scope of their employment as law enforcement officers.


(3) The retention of production samples of noncontrolled substances produced before September 1, 1986, where such samples are required by federal law.



CREDIT(S)


As added by P.L.210-1986, SEC.2. Amended by P.L.165-1990, SEC.8; P.L.150-1999, SEC.1; P.L.225-2003, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-5 Dealing in a counterfeit substance


Sec. 5. A person who:


(1) knowingly or intentionally:


(A) creates;


(B) delivers; or


(C) finances the delivery of;


a counterfeit substance; or


(2) possesses, with intent to:


(A) deliver; or


(B) finance the delivery of;


a counterfeit substance;


commits dealing in a counterfeit substance, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.100; P.L.165-1990, SEC.9.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-6 Possession of cocaine or narcotic drug


Sec. 6. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Class D felony, except as provided in subsection (b).


(b) The offense is:


(1) a Class C felony if:


(A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or


(B) the person was also in possession of a firearm (as defined in IC 35-47-1-5);


(2) a Class B felony if the person in possession of the cocaine or narcotic drug possesses less than three (3) grams of pure or adulterated cocaine or a narcotic drug:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center; and


(3) a Class A felony if the person possesses the cocaine or narcotic drug in an amount (pure or adulterated) weighing at least three (3) grams:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.101; Acts 1979, P.L. 303, SEC.10; P.L.138-1983, SEC.3; P.L.296-1987, SEC.9; P.L.296-1995, SEC.7; P.L.65-1996, SEC.15; P.L.188-1999, SEC.7; P.L.17-2001, SEC.24; P.L.151-2006, SEC.24.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-6.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-6.1 Possession of methamphetamine


Sec. 6.1. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses methamphetamine (pure or adulterated) commits possession of methamphetamine, a Class D felony, except as provided in subsection (b).


(b) The offense is:


(1) a Class C felony if:


(A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or


(B) the person was also in possession of a firearm (as defined in IC 35-47-1-5);


(2) a Class B felony if the person in possession of the methamphetamine possesses less than three (3) grams of pure or adulterated methamphetamine:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center; and


(3) a Class A felony if the person possesses the methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center.



CREDIT(S)


As added by P.L.151-2006, SEC.25.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-7


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-7 Possession of a controlled substance; obtaining a schedule V controlled substance


Sec. 7. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana, hashish, salvia, or a synthetic cannabinoid, commits possession of a controlled substance, a Class D felony. However, the offense is a Class C felony if the person in possession of the controlled substance possesses the controlled substance:


(1) on a school bus; or


(2) in, on, or within one thousand (1,000) feet of:


(A) school property;


(B) a public park;


(C) a family housing complex; or


(D) a youth program center.


(b) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally obtains:


(1) more than four (4) ounces of schedule V controlled substances containing codeine in any given forty-eight (48) hour period unless pursuant to a prescription;


(2) a schedule V controlled substance pursuant to written or verbal misrepresentation; or


(3) possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;


commits a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.102; P.L.138-1983, SEC.4; P.L.327-1985, SEC.4; P.L.296-1987, SEC.10; P.L.296-1995, SEC.8; P.L.65-1996, SEC.16; P.L.17-2001, SEC.25; P.L.138-2011, SEC.14, and P.L.182-2011, SEC.14.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-8 Repealed


(Repealed by Acts 1980, P.L.115, SEC.5.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-8.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-8.1 Manufacture of paraphernalia


Sec. 8.1. (a) A person who manufactures, finances the manufacture of, or designs an instrument, a device, or other object that is intended to be used primarily for:


(1) introducing into the human body a controlled substance;


(2) testing the strength, effectiveness, or purity of a controlled substance; or


(3) enhancing the effect of a controlled substance;


in violation of this chapter commits a Class A infraction for manufacturing paraphernalia.


(b) A person who:


(1) knowingly or intentionally violates this section; and


(2) has a previous judgment for violation of this section;


commits manufacture of paraphernalia, a Class D felony.



CREDIT(S)


As added by Acts 1980, P.L.115, SEC.2. Amended by P.L.202-1989, SEC.3; P.L.165-1990, SEC.10.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-8.2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-8.2 Repealed


(Repealed by P.L.1-1991, SEC.205.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-8.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-8.3 Possession of paraphernalia


Sec. 8.3. (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to use for:


(1) introducing into the person's body a controlled substance;


(2) testing the strength, effectiveness, or purity of a controlled substance; or


(3) enhancing the effect of a controlled substance;


in violation of this chapter commits a Class A infraction for possessing paraphernalia.


(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.


(c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for:


(1) introducing into the person's body a controlled substance;


(2) testing the strength, effectiveness, or purity of a controlled substance; or


(3) enhancing the effect of a controlled substance;


in violation of this chapter commits reckless possession of paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.



CREDIT(S)


As added by Acts 1980, P.L.115, SEC.4. Amended by P.L.202-1989, SEC.5; P.L.166-1990, SEC.2; P.L.58-2003, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-8.5


Effective: March 15, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-8.5 Dealing in paraphernalia


Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:


(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(3) enhancing the effect of a controlled substance;


(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance by individuals; or


(6) any purpose announced or described by the seller that is in violation of this chapter;


commits a Class A infraction for dealing in paraphernalia.


(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.


(c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:


(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(3) enhancing the effect of a controlled substance;


(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;


(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance by individuals; or


(6) any purpose announced or described by the seller that is in violation of this chapter;


commits reckless dealing in paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.


(d) This section does not apply to the following:


(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.


(2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.



CREDIT(S)


As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2; P.L.138-2011, SEC.15, and P.L.182-2011, SEC.15; P.L.78-2012, SEC.13, eff. March 15, 2012.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-9 Repealed


(Repealed by Acts 1980, P.L.115, SEC.5.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-10


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-10 Dealing in marijuana, hash oil, hashish, salvia or a synthetic cannabinoid


Sec. 10. (a) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


marijuana, hash oil, hashish, or salvia, pure or adulterated; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


marijuana, hash oil, hashish, or salvia, pure or adulterated;


commits dealing in marijuana, hash oil, hashish, or salvia, a Class A misdemeanor, except as provided in subsection (b).


(b) The offense is:


(1) a Class D felony if:


(A) the recipient or intended recipient is under eighteen (18) years of age;


(B) the amount involved is more than thirty (30) grams but less than ten (10) pounds of marijuana or more than two (2) grams but less than three hundred (300) grams of hash oil, hashish, or salvia; or


(C) the person has a prior conviction of an offense involving marijuana, hash oil, hashish, or salvia; and


(2) a Class C felony if the amount involved is ten (10) pounds or more of marijuana or three hundred (300) or more grams of hash oil, hashish, or salvia, or the person delivered or financed the delivery of marijuana, hash oil, hashish, or salvia:


(A) on a school bus; or


(B) in, on, or within one thousand (1,000) feet of, school property, a public park, a family housing complex, or a youth program center.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.105; Acts 1979, P.L.303, SEC.11; Acts 1982, P.L.204, SEC.38. Amended by P.L.296-1987, SEC.11; P.L.165-1990, SEC.12; P.L.296-1995, SEC.9; P.L.65-1996, SEC.17; P.L.17-2001, SEC.26; P.L.138-2011, SEC.16, and P.L.182-2011, SEC.16; P.L.78-2012, SEC.14, eff. March 15, 2012; P.L.196-2013, SEC.21, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-10.5


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-10.5 Dealing in a synthetic drug or synthetic drug lookalike substance; penalty


Sec. 10.5. (a) A person who:


(1) manufactures;


(2) finances the manufacture of;


(3) delivers;


(4) finances the delivery of;


(5) possesses, with intent to deliver; or


(6) possesses, with intent to finance the delivery of;


a synthetic drug or a synthetic drug lookalike substance commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A infraction. However, the offense is a Class D felony if the offense is committed knowingly or intentionally and the person has a prior unrelated judgment or conviction under this subsection.


(b) A person who:


(1) knowingly or intentionally:


(A) manufactures;


(B) finances the manufacture of;


(C) delivers; or


(D) finances the delivery of;


a synthetic drug or synthetic drug lookalike substance; or


(2) possesses, with intent to:


(A) manufacture;


(B) finance the manufacture of;


(C) deliver; or


(D) finance the delivery of;


a synthetic drug or synthetic drug lookalike substance;


commits dealing in a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor, except as provided in subsection (c).


(c) The offense in subsection (b) is:


(1) a Class D felony if:


(A) the recipient or intended recipient is less than eighteen (18) years of age;


(B) the amount involved is more than two (2) grams; or


(C) the person has a prior conviction of an offense involving a synthetic drug or synthetic drug lookalike substance; and


(2) a Class C felony if the amount involved is more than two (2) grams and the person delivered or financed the delivery of the synthetic drug or synthetic drug lookalike substance:


(A) on a school bus; or


(B) in, on, or within five hundred (500) feet of:


(i) school property; or


(ii) a public park;


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


(d) In addition to a criminal or civil penalty imposed for a violation of this section, if the court finds that a person has violated this section and the violation involved the sale of or offer to sell, in the normal course of business, a synthetic drug or a synthetic drug lookalike substance by a retail merchant in a place of business for which the retail merchant has been issued a registered retail merchant certificate, the court:


(1) shall recommend the suspension of the registered retail merchant certificate for the place of business for one (1) year if the person's violation of this section resulted in a criminal conviction; and


(2) may recommend the suspension of the registered retail merchant certificate for the place of business for six (6) months if the person's violation of this section resulted in an adjudication that the person committed an infraction.


(e) The department of state revenue shall suspend the registered retail merchant certificate of a retail merchant in accordance with the recommendation of the court. Whenever the department of state revenue is required to suspend a retail merchant's registered retail merchant certificate under this section, the department shall immediately mail a notice to the retail merchant's address that must state that the retail merchant's registered retail merchant certificate will be suspended for the period recommended by the court, commencing five (5) days after the date of the notice.



CREDIT(S)


As added by P.L.196-2013, SEC.22, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-11


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-11 Possession of marijuana, hash oil, hashish, salvia, or a synthetic drug


Sec. 11. A person who:


(1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;


(2) knowingly or intentionally grows or cultivates marijuana; or


(3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants;


commits possession of marijuana, hash oil, hashish, or salvia, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil, hashish, or salvia, or if the person has a prior conviction of an offense involving marijuana, hash oil, hashish, or salvia.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17, and P.L.182-2011, SEC.17; P.L.6-2012, SEC.234, eff. Feb. 22, 2012; P.L.78-2012, SEC.15, eff. March 15, 2012; P.L.196-2013, SEC.23, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-11.5


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-11.5 “Synthetic drug lookalike substance” defined


Sec. 11.5. (a) As used in this section, “synthetic drug lookalike substance” has the meaning set forth in IC 35-31.5-2-321.5(a)(2).


(b) A person who possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or synthetic drug lookalike substance, a Class B infraction.


(c) A person who knowingly or intentionally possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section or under section 10.5 of this chapter.



CREDIT(S)


As added by P.L.196-2013, SEC.24, eff. May 7, 2013. Amended by P.L.185-2013, SEC.7, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-12


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-12 Conditional discharge for possession as first offense


Sec. 12. If a person who has no prior conviction of an offense under this article or under a law of another jurisdiction relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or a synthetic drug or synthetic drug lookalike substance as a Class A misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings and place the person in the custody of the court under such conditions as the court determines. Upon violation of a condition of the custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against the person. There may be only one (1) dismissal under this section with respect to a person.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.107; P.L.138-2011, SEC.18, and P.L.182-2011, SEC.18; P.L.78-2012, SEC.16, eff. March 15, 2012; P.L.196-2013, SEC.25, eff. May 7, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-13 Visiting or maintaining a common nuisance


Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor.


(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times:


(1) by persons to unlawfully use controlled substances; or


(2) for unlawfully:


(A) manufacturing;


(B) keeping;


(C) offering for sale;


(D) selling;


(E) delivering; or


(F) financing the delivery of;


controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5;


commits maintaining a common nuisance, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-13.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-13.3 Taking a minor or endangered adult to location used for drug sale, manufacture, or possession


Sec. 13.3. A person who recklessly, knowingly, or intentionally takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a building, structure, vehicle, or other place that is being used by any person to:


(1) unlawfully possess drugs or controlled substances; or


(2) unlawfully:


(A) manufacture;


(B) keep;


(C) offer for sale;


(D) sell;


(E) deliver; or


(F) finance the delivery of;


drugs or controlled substances;


commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section.



CREDIT(S)


As added by P.L.225-2003, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-14 Offenses relating to registration labeling and prescription forms


Sec. 14. (a) A person who:


(1) is subject to IC 35-48-3 and who recklessly, knowingly, or intentionally distributes or dispenses a controlled substance in violation of IC 35-48-3;


(2) is a registrant and who recklessly, knowingly, or intentionally:


(A) manufactures; or


(B) finances the manufacture of;


a controlled substance not authorized by his registration or distributes or dispenses a controlled substance not authorized by his registration to another registrant or other authorized person;


(3) recklessly, knowingly, or intentionally fails to make, keep, or furnish a record, a notification, an order form, a statement, an invoice, or information required under this article; or


(4) recklessly, knowingly, or intentionally refuses entry into any premises for an inspection authorized by this article;


commits a Class D felony.


(b) A person who knowingly or intentionally:


(1) distributes as a registrant a controlled substance classified in schedule I or II, except under an order form as required by IC 35-48-3;


(2) uses in the course of the:


(A) manufacture of;


(B) the financing of the manufacture of; or


(C) distribution of;


a controlled substance a federal or state registration number that is fictitious, revoked, suspended, or issued to another person;


(3) furnishes false or fraudulent material information in, or omits any material information from, an application, report, or other document required to be kept or filed under this article; or


(4) makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or a likeness of any of the foregoing on a drug or container or labeling thereof so as to render the drug a counterfeit substance;


commits a Class D felony.


(c) A person who knowingly or intentionally acquires possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, alteration of a prescription order, concealment of a material fact, or use of a false name or false address commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection.


(d) A person who knowingly or intentionally affixes any false or forged label to a package or receptacle containing a controlled substance commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection. This subsection does not apply to law enforcement agencies or their representatives while engaged in enforcing IC 16-42-19 or this chapter (or IC 16-6-8 before its repeal).


(e) A person who duplicates, reproduces, or prints any prescription pads or forms without the prior written consent of a practitioner commits a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection. This subsection does not apply to the printing of prescription pads or forms upon a written, signed order placed by a practitioner or pharmacist, by legitimate printing companies.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.109; P.L.131-1986, SEC.3; P.L.165-1990, SEC.14; P.L.2-1993, SEC.193.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-14.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-14.5 Possession of chemical reagents or precursors with intent to manufacture controlled substances


Sec. 14.5. (a) As used in this section, “chemical reagents or precursors” refers to one (1) or more of the following:


(1) Ephedrine.


(2) Pseudoephedrine.


(3) Phenylpropanolamine.


(4) The salts, isomers, and salts of isomers of a substance identified in subdivisions (1) through (3).


(5) Anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1).


(6) Organic solvents.


(7) Hydrochloric acid.


(8) Lithium metal.


(9) Sodium metal.


(10) Ether.


(11) Sulfuric acid.


(12) Red phosphorous.


(13) Iodine.


(14) Sodium hydroxide (lye).


(15) Potassium dichromate.


(16) Sodium dichromate.


(17) Potassium permanganate.


(18) Chromium trioxide.


(19) Benzyl cyanide.


(20) Phenylacetic acid and its esters or salts.


(21) Piperidine and its salts.


(22) Methylamine and its salts.


(23) Isosafrole.


(24) Safrole.


(25) Piperonal.


(26) Hydriodic acid.


(27) Benzaldehyde.


(28) Nitroethane.


(29) Gamma-butyrolactone.


(30) White phosphorus.


(31) Hypophosphorous acid and its salts.


(32) Acetic anhydride.


(33) Benzyl chloride.


(34) Ammonium nitrate.


(35) Ammonium sulfate.


(36) Hydrogen peroxide.


(37) Thionyl chloride.


(38) Ethyl acetate.


(39) Pseudoephedrine hydrochloride.


(b) A person who possesses more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, commits a Class D felony. However, the offense is a Class C felony if the person possessed:


(1) a firearm while possessing more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated; or


(2) more than ten (10) grams of ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, in, on, or within one thousand (1,000) feet of:


(A) school property;


(B) a public park;


(C) a family housing complex; or


(D) a youth program center.


(c) A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, commits a Class D felony. However, the offense is a Class C felony if the person possessed:


(1) a firearm while possessing anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6; or


(2) anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, in, on, or within one thousand (1,000) feet of:


(A) school property;


(B) a public park;


(C) a family housing complex; or


(D) a youth program center.


(d) Subsection (b) does not apply to a:


(1) licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier or an agent of any of these persons if the possession is in the regular course of lawful business activities; or


(2) person who possesses more than ten (10) grams of a substance described in subsection (b) if the substance is possessed under circumstances consistent with typical medicinal or household use, including:


(A) the location in which the substance is stored;


(B) the possession of the substance in a variety of:


(i) strengths;


(ii) brands; or


(iii) types; or


(C) the possession of the substance:


(i) with different expiration dates; or


(ii) in forms used for different purposes.


(e) A person who possesses two (2) or more chemical reagents or precursors with the intent to manufacture a controlled substance commits a Class D felony.


(f) An offense under subsection (e) is a Class C felony if the person possessed:


(1) a firearm while possessing two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance; or


(2) two (2) or more chemical reagents or precursors with intent to manufacture a controlled substance in, on, or within one thousand (1,000) feet of:


(A) school property;


(B) a public park;


(C) a family housing complex; or


(D) a youth program center.


(g) A person who sells, transfers, distributes, or furnishes a chemical reagent or precursor to another person with knowledge or the intent that the recipient will use the chemical reagent or precursors to manufacture a controlled substance commits unlawful sale of a precursor, a Class D felony.



CREDIT(S)


As added by P.L.150-1999, SEC.2. Amended by P.L.17-2001, SEC.28; P.L.225-2003, SEC.5; P.L.192-2005, SEC.8; P.L.151-2006, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-14.7


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-14.7 Restrictions on sale and purchase of ephedrine or pseudoephedrine; reporting of suspicious activities or theft


Sec. 14.7. (a) This section does not apply to the following:


(1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription.


(2) The sale of a drug containing ephedrine or pseudoephedrine to a licensed health care provider, pharmacist, retail distributor, wholesaler, manufacturer, or an agent of any of these persons if the sale occurs in the regular course of lawful business activities. However, a retail distributor, wholesaler, or manufacturer is required to report a suspicious order to the state police department in accordance with subsection (f).


(3) The sale of a drug containing ephedrine or pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in customers. However, if the person described in this subdivision is a retail distributor, wholesaler, or manufacturer, the person is required to report a suspicious order to the state police department in accordance with subsection (f).


(b) The following definitions apply throughout this section:


(1) “Constant video monitoring” means the surveillance by an automated camera that:


(A) records at least one (1) photograph or digital image every ten (10) seconds;


(B) retains a photograph or digital image for at least seventy-two (72) hours;


(C) has sufficient resolution and magnification to permit the identification of a person in the area under surveillance; and


(D) stores a recorded photograph or digital image at a location that is immediately accessible to a law enforcement officer.


(2) “Convenience package” means a package that contains a drug having as an active ingredient not more than sixty (60) milligrams of ephedrine or pseudoephedrine, or both.


(3) “Ephedrine” means pure or adulterated ephedrine.


(4) “Pseudoephedrine” means pure or adulterated pseudoephedrine.


(5) “Retailer” means a grocery store, general merchandise store, drug store, or other similar establishment where ephedrine or pseudoephedrine products are available for sale.


(6) “Suspicious order” means a sale or transfer of a drug containing ephedrine or pseudoephedrine if the sale or transfer:


(A) is a sale or transfer that the retail distributor, wholesaler, or manufacturer is required to report to the United States Drug Enforcement Administration;


(B) appears suspicious to the retail distributor, wholesaler, or manufacturer in light of the recommendations contained in Appendix A of the report to the United States attorney general by the suspicious orders task force under the federal Comprehensive Methamphetamine Control Act of 1996; or


(C) is for cash or a money order in a total amount of at least two hundred dollars ($200).


(7) “Unusual theft” means the theft or unexplained disappearance from a particular retail store of drugs containing ten (10) grams or more of ephedrine, pseudoephedrine, or both in a twenty-four (24) hour period.


(c) This subsection does not apply to a convenience package. A retailer may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both only if the retailer complies with the following conditions:


(1) The retailer does not sell the drug to a person less than eighteen (18) years of age.


(2) The retailer does not sell drugs containing more than three and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or both, to one (1) individual on one (1) day, or seven and two-tenths (7.2) grams of ephedrine or pseudoephedrine, or both, to one (1) individual in a thirty (30) day period.


(3) The retailer requires:


(A) the purchaser to produce a valid government issued photo identification card showing the date of birth of the person;


(B) the purchaser to sign a written or electronic log attesting to the validity of the information; and


(C) the clerk who is conducting the transaction to initial or electronically record the clerk's identification on the log.


Records from the completion of a log must be retained for at least two (2) years. A law enforcement officer has the right to inspect and copy a log or the records from the completion of a log in accordance with state and federal law. A retailer may not sell or release a log or the records from the completion of a log for a commercial purpose. The Indiana criminal justice institute may obtain information concerning a log or the records from the completion of a log from a law enforcement officer if the information may not be used to identify a specific individual and is used only for statistical purposes. A retailer who in good faith releases information maintained under this subsection is immune from civil liability unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.


(4) The retailer maintains a record of information for each sale of a nonprescription product containing pseudoephedrine or ephedrine. Required information includes:


(A) the name and address of each purchaser;


(B) the type of identification presented;


(C) the governmental entity that issued the identification;


(D) the identification number; and


(E) the ephedrine or pseudoephedrine product purchased, including the number of grams the product contains and the date and time of the transaction.


(5) Beginning January 1, 2012, a retailer shall, except as provided in subdivision (6), before completing a sale of an over-the-counter product containing pseudoephedrine or ephedrine, electronically submit the required information to the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI), if the NPLEx system is available to retailers in the state without a charge for accessing the system. The retailer may not complete the sale if the system generates a stop sale alert.


(6) If a retailer selling an over-the-counter product containing ephedrine or pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain a written log or an alternative electronic recordkeeping mechanism until the retailer is able to comply with the electronic sales tracking requirement.


(7) The retailer stores the drug behind a counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to a customer without the assistance of an employee.


(8) The retailer posts a sign warning that:


(A) it is a criminal offense for a person to purchase drugs containing more than seven and two-tenths (7.2) grams of ephedrine or pseudoephedrine, or both, in a thirty (30) day period;


(B) it is a criminal offense for a person to purchase drugs containing more than three and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or both, on one (1) day; and


(C) depending on the amount of ephedrine or pseudoephedrine contained in the drug, purchasing more than one (1) package of drugs containing ephedrine or pseudoephedrine on one (1) day may be a crime.


The warning sign must list maximum amounts of ephedrine or pseudoephedrine that may be purchased in both grams and milligrams.


(d) A person may not purchase drugs containing more than three and six-tenths (3.6) grams of ephedrine or pseudoephedrine, or both, on one (1) day, or more than seven and two-tenths (7.2) grams of ephedrine or pseudoephedrine, or both, in a thirty (30) day period. These limits apply to the total amount of base ephedrine and pseudoephedrine contained in the products and not to the overall weight of the products.


(e) This subsection only applies to convenience packages. A retailer may not sell drugs containing more than sixty (60) milligrams of ephedrine or pseudoephedrine, or both in any one (1) transaction if the drugs are sold in convenience packages. A retailer who sells convenience packages must secure the convenience packages behind the counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to a customer without the assistance of an employee.


(f) A retail distributor, wholesaler, or manufacturer shall report a suspicious order to the state police department in writing.


(g) Not later than three (3) days after the discovery of an unusual theft at a particular retail store, the retailer shall report the unusual theft to the state police department in writing. If three (3) unusual thefts occur in a thirty (30) day period at a particular retail store, the retailer shall, for at least one hundred eighty (180) days after the date of the last unusual theft, locate all drugs containing ephedrine or pseudoephedrine at that particular retail store behind a counter in an area inaccessible to a customer or in a locked display case that makes the drug unavailable to customers without the assistance of an employee.


(h) A unit (as defined in IC 36-1-2-23) may not adopt an ordinance after February 1, 2005, that is more stringent than this section.


(i) A person who knowingly or intentionally violates this section commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.


(j) A retailer who uses the electronic sales tracking system in accordance with this section is immune from civil liability for any act or omission committed in carrying out the duties required by this section, unless the act or omission was due to negligence, recklessness, or deliberate or wanton misconduct. A retailer is immune from liability to a third party unless the retailer has violated a provision of this section and the third party brings an action based on the retailer's violation of this section.


(k) The following requirements apply to the NPLEx:


(1) Information contained in the NPLEx may be shared only with law enforcement officials.


(2) A law enforcement official may access Indiana transaction information maintained in the NPLEx for investigative purposes.


(3) NADDI may not modify sales transaction data that is shared with law enforcement officials.


(4) At least one (1) time per week, NADDI shall forward Indiana data contained in the NPLEx, including data concerning a transaction that could not be completed due to the issuance of a stop sale alert, to the state police department.



CREDIT(S)


As added by P.L.192-2005, SEC.9. Amended by P.L.151-2006, SEC.27; P.L.186-2007, SEC.9; P.L.97-2010, SEC.1; P.L.221-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-15


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-15 Drivers' licenses and motor vehicle registration; suspension or refusal; prior convictions


Sec. 15. (a) If a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, and the court finds that a motor vehicle was used in the commission of the offense, the court shall, in addition to any other order the court enters, order that the person's:


(1) driver's license be suspended;


(2) existing motor vehicle registrations be suspended; and


(3) ability to register motor vehicles be suspended;


by the bureau of motor vehicles for a period specified by the court of at least six (6) months but not more than two (2) years.


(b) If a person is convicted of an offense described in subsection (a) and the person does not hold a driver's license or a learner's permit, the court shall order that the person may not receive a driver's license or a learner's permit from the bureau of motor vehicles for a period of not less than six (6) months.



CREDIT(S)


As added by P.L.67-1990, SEC.13. Amended by P.L.107-1991, SEC.3; P.L.129-1993, SEC.2; P.L.64-1994, SEC.6; P.L.76-2004, SEC.23; P.L.125-2012, SEC.415.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-16


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-16 Defenses to charge of selling narcotics near school or family housing


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, narcotic drug, methamphetamine, or controlled substance;


within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center, 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 one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center; and


(2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within one thousand (1,000) feet of the school property, public park, family housing complex, or youth program center 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 one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer.


(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 one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center.



CREDIT(S)


As added by P.L.17-2001, SEC.29.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-4-17


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 4. Offenses Relating to Controlled Substances (Refs & Annos)

35-48-4-17 Environmental cleanup costs


Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense.


(b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a).



CREDIT(S)


As added by P.L.225-2003, SEC.6.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-5-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 5. Reporting Requirements; School Personnel

35-48-5-1 to 35-48-5-6 Repealed


(Repealed by P.L.202-1989, SEC.6.)


DISPOSITION TABLE


Showing where the subject matter of the repealed sections of Title 35 is now covered in new sections of Title 20, West's Annotated Indiana Code.


Repealed Sections

New Sections

35-48-5-1

None

35-48-5-2

20-8.1-12-2

35-48-5-3

20-8.1-12-3

35-48-5-4

20-8.1-12-4

35-48-5-5

20-8.1-12-5

35-48-5-6

20-8.1-12-6


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-1 to 35-48-6-5 Repealed


(Repealed by P.L.3-1989, SEC.224; P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-1 to 35-48-6-5 Repealed


(Repealed by P.L.3-1989, SEC.224; P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-1 to 35-48-6-5 Repealed


(Repealed by P.L.3-1989, SEC.224; P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-1 to 35-48-6-5 Repealed


(Repealed by P.L.3-1989, SEC.224; P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-1 to 35-48-6-5 Repealed


(Repealed by P.L.3-1989, SEC.224; P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-12


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-14.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-6-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 6. Computerized Prescription Data Program

35-48-6-6 to 35-48-6-15 Repealed


(Repealed by P.L.2-1995, SEC.140.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-1 Repealed


(Repealed by P.L.84-2010, SEC.102.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-2 Repealed


(Repealed by P.L.65-2006, SEC.18.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-2.9


Effective: January 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-2.9 “Dispense” defined


Sec. 2.9. (a) As used in this chapter, “dispense” has the meaning set forth in IC 35-48-1-12.


(b) The term does not apply to the following:


(1) A drug administered directly to a patient.


(2) A drug dispensed by a practitioner, if the quantity dispensed is not more than a seventy-two (72) hour supply of a controlled substance listed in schedule II, III, IV, or V as set forth in IC 35-48-3-9.



CREDIT(S)


As added by P.L.105-2008, SEC.65, eff. Jan. 1, 2009.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-3


Effective: January 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-3 Repealed


(Repealed by P.L.105-2008, SEC.66, eff. Jan. 1, 2009.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-4


Effective: April 20, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-4 “Exception report” defined


Sec. 4. As used in this chapter, “exception report” means a record of data concerning:


(1) a practitioner practicing a particular specialty or field of health care;


(2) a dispenser doing business in a particular location; or


(3) a recipient;


that indicates dispensing or receiving of controlled substances outside norms for dispensing or receiving controlled substances established by the board under this chapter.



CREDIT(S)


As added by P.L.163-1994, SEC.5. Amended by P.L.42-2011, SEC.75, eff. April 20, 2011.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-5 “Identification number” defined


Sec. 5. As used in this chapter, “identification number” refers to the following:


(1) The unique number contained on any of the following:


(A) A valid driver's license of a recipient or a recipient's representative issued under Indiana law or the law of any other state.


(B) A recipient's or a recipient representative's valid military identification card.


(C) A valid identification card of a recipient or a recipient's representative issued by:


(i) the bureau of motor vehicles as described in IC 9-24-16-3; or


(ii) any other state and that is similar to the identification card issued by the bureau of motor vehicles.


(D) If the recipient is an animal:


(i) the valid driver's license issued under Indiana law or the law of any other state;


(ii) the valid military identification card; or


(iii) the valid identification card issued by the bureau of motor vehicles and described in IC 9-24-16-3 or a valid identification card of similar description that is issued by any other state;


of the animal's owner.


(2) The identification number or phrase designated by the central repository.



CREDIT(S)


As added by P.L.163-1994, SEC.5. Amended by P.L.204-2005, SEC.22.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-5.2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-5.2 “INSPECT” defined


Sec. 5.2. As used in this chapter, “INSPECT” means the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4.



CREDIT(S)


As added by P.L.65-2006, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-5.4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-5.4 “Interoperability” defined


Sec. 5.4. As used in this chapter, “interoperability” refers to the INSPECT program electronically sharing reported information with another state concerning the dispensing of a controlled substance:


(1) to a recipient who resides in the other state; or


(2) prescribed by a practitioner whose principal place of business is located in another state.



CREDIT(S)


As added by P.L.65-2006, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-5.6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-5.6 “Patient” defined


Sec. 5.6. As used in this chapter, “patient” means an individual who has requested or received health care services from a provider for the examination, treatment, diagnosis, or prevention of a physical or mental condition.



CREDIT(S)


As added by P.L.65-2006, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-5.8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-5.8 “Practitioner” defined


Sec. 5.8. As used in this chapter, “practitioner” means a physician, dentist, veterinarian, podiatrist, nurse practitioner, scientific investigator, pharmacist, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the United States.



CREDIT(S)


As added by P.L.65-2006, SEC.6.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-6 “Recipient” defined


Sec. 6. As used in this chapter, “recipient” means an individual for whom a controlled substance is dispensed.



CREDIT(S)


As added by P.L.163-1994, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-7 “Recipient representative” defined


Sec. 7. As used in this chapter, “recipient representative” means the individual to whom a controlled substance is dispensed if the recipient is either less than eighteen (18) years of age or unavailable to receive the controlled substance.



CREDIT(S)


As added by P.L.163-1994, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-7.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-7.5 “State” defined


Sec. 7.5. As used in this chapter, “state” means any state of the United States or the District of Columbia.



CREDIT(S)


As added by P.L.65-2006, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-8


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-8 Repealed


(Repealed by P.L.3-2008, SEC.269, eff. March 13, 2008.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-8.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-8.1 Controlled substance prescription monitoring program; dispensing of controlled substance by pharmacist


Sec. 8.1. (a) The board shall provide for a controlled substance prescription monitoring program that includes the following components:


(1) Each time a controlled substance designated by the board under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the dispenser shall transmit to the INSPECT program the following information:


(A) The controlled substance recipient's name.


(B) The controlled substance recipient's or the recipient representative's identification number or the identification number or phrase designated by the INSPECT program.


(C) The controlled substance recipient's date of birth.


(D) The national drug code number of the controlled substance dispensed.


(E) The date the controlled substance is dispensed.


(F) The quantity of the controlled substance dispensed.


(G) The number of days of supply dispensed.


(H) The dispenser's United States Drug Enforcement Agency registration number.


(I) The prescriber's United States Drug Enforcement Agency registration number.


(J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.


(K) Other data required by the board.


(2) The information required to be transmitted under this section must be transmitted not more than seven (7) days after the date on which a controlled substance is dispensed.


(3) A dispenser shall transmit the information required under this section by:


(A) uploading to the INSPECT web site;


(B) a computer diskette; or


(C) a CD-ROM disk;


that meets specifications prescribed by the board.


(4) The board may require that prescriptions for controlled substances be written on a one (1) part form that cannot be duplicated. However, the board may not apply such a requirement to prescriptions filled at a pharmacy with a Category II permit (as described in IC 25-26-13-17) and operated by a hospital licensed under IC 16-21, or prescriptions ordered for and dispensed to bona fide enrolled patients in facilities licensed under IC 16-28. The board may not require multiple copy prescription forms for any prescriptions written. The board may not require different prescription forms for any individual drug or group of drugs. Prescription forms required under this subdivision must be approved by the Indiana board of pharmacy established by IC 25-26-13-3.


(5) The costs of the program.


(b) This subsection applies only to a retail pharmacy. A pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance may not dispense a controlled substance to a person who is not personally known to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance unless the person taking possession of the controlled substance provides documented proof of the person's identification to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance.



CREDIT(S)


As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009 (ss), SEC.399; P.L.84-2010, SEC.97; P.L.94-2010, SEC.13; P.L.42-2011, SEC.76, eff. April 20, 2011; P.L.152-2012, SEC.14.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-9 Repealed


(Repealed by P.L.65-2006, SEC.18.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-10


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-10 Repealed


(Repealed by P.L.3-2008, SEC.269, eff. March 13, 2008.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-10.1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-10.1 INSPECT program responsibilities


Sec. 10.1. (a) The INSPECT program must do the following:


(1) Create a data base for information required to be transmitted under section 8.1 of this chapter in the form required under rules adopted by the board, including search capability for the following:


(A) A controlled substance recipient's name.


(B) A controlled substance recipient's or recipient representative's identification number.


(C) A controlled substance recipient's date of birth.


(D) The national drug code number of a controlled substance dispensed.


(E) The dates a controlled substance is dispensed.


(F) The quantities of a controlled substance dispensed.


(G) The number of days of supply dispensed.


(H) A dispenser's United States Drug Enforcement Agency registration number.


(I) A prescriber's United States Drug Enforcement Agency registration number.


(J) Whether a prescription was transmitted to the pharmacist orally or in writing.


(K) A controlled substance recipient's method of payment for the controlled substance dispensed.


(2) Provide the board with continuing twenty-four (24) hour a day online access to the data base.


(3) Secure the information collected and the data base maintained against access by unauthorized persons.


(b) The board may execute a contract with a vendor designated by the board to perform any function associated with the administration of the INSPECT program.


(c) The INSPECT program may gather prescription data from the Medicaid retrospective drug utilization review (DUR) program established under IC 12-15-35.


(d) The board may accept and designate grants, public and private financial assistance, and licensure fees to provide funding for the INSPECT program.



CREDIT(S)


As added by P.L.65-2006, SEC.11. Amended by P.L.84-2010, SEC.98.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-11


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-11 Repealed


(Repealed by P.L.3-2008, SEC.269, eff. March 13, 2008.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-11.1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-11.1 INSPECT program; confidentiality


Sec. 11.1. (a) Information received by the INSPECT program under section 8.1 of this chapter is confidential.


(b) The board shall carry out a program to protect the confidentiality of the information described in subsection (a). The board may disclose the information to another person only under subsection (c), (d), or (g).


(c) The board may disclose confidential information described in subsection (a) to any person who is authorized to engage in receiving, processing, or storing the information.


(d) Except as provided in subsections (e) and (f), the board may release confidential information described in subsection (a) to the following persons:


(1) A member of the board or another governing body that licenses practitioners and is engaged in an investigation, an adjudication, or a prosecution of a violation under any state or federal law that involves a controlled substance.


(2) An investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general, who is engaged in:


(A) an investigation;


(B) an adjudication; or


(C) a prosecution;


of a violation under any state or federal law that involves a controlled substance.


(3) A law enforcement officer who is an employee of:


(A) a local, state, or federal law enforcement agency; or


(B) an entity that regulates controlled substances or enforces controlled substances rules or laws in another state;


that is certified to receive information from the INSPECT program.


(4) A practitioner or practitioner's agent certified to receive information from the INSPECT program.


(5) A controlled substance monitoring program in another state with which Indiana has established an interoperability agreement.


(6) The state toxicologist.


(7) A certified representative of the Medicaid retrospective and prospective drug utilization review program.


(8) A substance abuse assistance program for a licensed health care provider who:


(A) has prescriptive authority under IC 25; and


(B) is participating in the assistance program.


(e) Information provided to an individual under:


(1) subsection (d)(3) is limited to information:


(A) concerning an individual or proceeding involving the unlawful diversion or misuse of a schedule II, III, IV, or V controlled substance; and


(B) that will assist in an investigation or proceeding; and


(2) subsection (d)(4) may be released only for the purpose of:


(A) providing medical or pharmaceutical treatment; or


(B) evaluating the need for providing medical or pharmaceutical treatment to a patient.


(f) Before the board releases confidential information under subsection (d), the applicant must be approved by the INSPECT program in a manner prescribed by the board.


(g) The board may release to:


(1) a member of the board or another governing body that licenses practitioners;


(2) an investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general; or


(3) a law enforcement officer who is:


(A) authorized by the state police department to receive the type of information released; and


(B) approved by the board to receive the type of information released;


confidential information generated from computer records that identifies practitioners who are prescribing or dispensing large quantities of a controlled substance.


(h) The information described in subsection (g) may not be released until it has been reviewed by:


(1) a member of the board who is licensed in the same profession as the prescribing or dispensing practitioner identified by the data; or


(2) the board's designee;


and until that member or the designee has certified that further investigation is warranted. However, failure to comply with this subsection does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection (i).


(i) An investigator or a law enforcement officer receiving confidential information under subsection (c), (d), or (g) may disclose the information to a law enforcement officer or an attorney for the office of the attorney general for use as evidence in the following:


(1) A proceeding under IC 16-42-20.


(2) A proceeding under any state or federal law that involves a controlled substance.


(3) A criminal proceeding or a proceeding in juvenile court that involves a controlled substance.


(j) The board may compile statistical reports from the information described in subsection (a). The reports must not include information that identifies any practitioner, ultimate user, or other person administering a controlled substance. Statistical reports compiled under this subsection are public records.


(k) This section may not be construed to require a practitioner to obtain information about a patient from the data base.


(l) A practitioner is immune from civil liability for an injury, death, or loss to a person solely due to a practitioner seeking or not seeking information from the INSPECT program. The civil immunity described in this subsection does not extend to a practitioner if the practitioner receives information directly from the INSPECT program and then negligently misuses this information. This subsection does not apply to an act or omission that is a result of gross negligence or intentional misconduct.


(m) The board may review the records of the INSPECT program. If the board determines that a violation of the law may have occurred, the board shall notify the appropriate law enforcement agency or the relevant government body responsible for the licensure, regulation, or discipline of practitioners authorized by law to prescribe controlled substances.


(n) A practitioner who in good faith discloses information based on a report from the INSPECT program to a law enforcement agency is immune from criminal or civil liability. A practitioner that discloses information to a law enforcement agency under this subsection is presumed to have acted in good faith.



CREDIT(S)


As added by P.L.65-2006, SEC.13. Amended by P.L.84-2010, SEC.99.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-11.5


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-11.5 Prescribing norms and dispensing guidelines; establishment; exception reports


Sec. 11.5. (a) Each board of a health care provider that prescribes or dispenses prescription drugs shall do the following:


(1) Establish prescribing norms and dispensing guidelines for the unsolicited dissemination of exception reports under section 11.1(d) of this chapter.


(2) Provide the information determined in subdivision (1) to the board.


(b) The exception reports that are disseminated based on the prescribing norms and dispensing guidelines established under subsection (a) must comply with the following requirements:


(1) A report of prescriptive activity of a practitioner to the practitioner's professional licensing board designee when the practitioner deviates from the dispensing guidelines or the prescribing norms for the prescribing of a controlled substance within a particular drug class.


(2) A reporting of recipient activity to the practitioners who prescribed or dispensed the controlled substance when the recipient deviates from the dispensing guidelines of a controlled substance within a particular drug class.


(c) The board designee may, at the designee's discretion, forward the exception report under subsection (b)(2) to only the following for purposes of an investigation:


(1) A law enforcement agency.


(2) The attorney general.



CREDIT(S)


As added by P.L.84-2010, SEC.100.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-12


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-12 Repealed


(Repealed by P.L.3-2008, SEC.269, eff. March 13, 2008.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-12.1


Effective: April 20, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-12.1 Adoption of rules to implement chapter; powers of board


Sec. 12.1. (a) The board shall adopt rules under IC 4-22-2 to implement this chapter, including the following:


(1) Information collection and retrieval procedures for the INSPECT program, including the controlled substances to be included in the program required under section 8.1 of this chapter.


(2) Design for the creation of the data base required under section 10.1 of this chapter.


(3) Requirements for the development and installation of online electronic access by the board to information collected by the INSPECT program.


(4) Identification of emergency situations or other circumstances in which a practitioner may prescribe, dispense, and administer a prescription drug specified in section 8.1 of this chapter without a written prescription or on a form other than a form specified in section 8.1(a)(4) of this chapter.


(b) The board may:


(1) set standards for education courses for individuals authorized to use the INSPECT program;


(2) identify treatment programs for individuals addicted to controlled substances monitored by the INSPECT program; and


(3) work with impaired practitioner associations to provide intervention and treatment.



CREDIT(S)


As added by P.L.65-2006, SEC.15. Amended by P.L.84-2010, SEC.101; P.L.42-2011, SEC.77, eff. April 20, 2011.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-13


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-13 Repealed


(Repealed by P.L.3-2008, SEC.269, eff. March 13, 2008.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-13.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-13.1 Funding operation of INSPECT program


Sec. 13.1. (a) This section applies after June 30, 2007.


(b) The controlled substances data fund is established to fund the operation of the INSPECT program. The fund shall be administered by the Indiana professional licensing agency.


(c) Expenses of administering the fund shall be paid from money in the fund. The fund consists of grants, public and private financial assistance, and sixteen percent (16%) of the controlled substances registration fees imposed under rules adopted under IC 35-48-3-1.


(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.


(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.



CREDIT(S)


As added by P.L.65-2006, SEC.17.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-14 Violations of chapter; misdemeanor offense


Sec. 14. A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.163-1994, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-48-7-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 48. Controlled Substances

Chapter 7. Central Repository for Controlled Substances Data

35-48-7-15 Repealed


(Repealed by P.L.214-2001, SEC.1.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 49, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-0.1 Repealed by P.L.63-2012, SEC.84, eff. July 1, 2012



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-1 Definitions applicable throughout article


Sec. 1. The definitions in this chapter apply throughout this article.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-2 “Distribute”


Sec. 2. “Distribute” means to transfer possession for a consideration.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-3 “Matter”


Sec. 3. “Matter” means:


(1) any book, magazine, newspaper, or other printed or written material;


(2) any picture, drawing, photograph, motion picture, digitized image, or other pictorial representation;


(3) any statue or other figure;


(4) any recording, transcription, or mechanical, chemical, or electrical reproduction; or


(5) any other articles, equipment, machines, or materials.



CREDIT(S)


As added by P.L.311-1983, SEC.33. Amended by P.L.3-2002, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-4 “Minor”


Sec. 4. “Minor” means any individual under the age of eighteen (18) years.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-5 “Nudity”


Sec. 5. “Nudity” means:


(1) the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;


(2) the showing of the female breast with less than a fully opaque covering of any part of the nipple; or


(3) the depiction of covered male genitals in a discernibly turgid state.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-6 “Owner”


Sec. 6. “Owner” means any person who owns or has legal right to possession of any matter.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-7 “Performance”


Sec. 7. “Performance” means any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one (1) or more persons.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-8 “Sado-masochistic abuse”


Sec. 8. “Sado-masochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-9 “Sexual conduct”


Sec. 9. “Sexual conduct” means:


(1) sexual intercourse or deviate sexual conduct;


(2) exhibition of the uncovered genitals in the context of masturbation or other sexual activity;


(3) exhibition of the uncovered genitals of a person under sixteen (16) years of age;


(4) sado-masochistic abuse; or


(5) sexual intercourse or deviate sexual conduct with an animal.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-1-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 1. Definitions (Refs & Annos)

35-49-1-10 “Sexual excitement”


Sec. 10. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-2-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 2. General Provisions

35-49-2-1 Obscene matter or performance


Sec. 1. A matter or performance is obscene for purposes of this article if:


(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;


(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and


(3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-2-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 2. General Provisions

35-49-2-2 Matter or performance harmful to minors


Sec. 2. A matter or performance is harmful to minors for purposes of this article if:


(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;


(2) considered as a whole, it appeals to the prurient interest in sex of minors;


(3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and


(4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-2-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 2. General Provisions

35-49-2-3 Arrest; search; seizure of matter; motion pictures


Sec. 3. (a) Whenever a person:


(1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or


(2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;


the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.


(b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.


(c) If:


(1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and


(2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;


the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-2-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 2. General Provisions

35-49-2-4 Adversary hearing; application for; preliminary determination


Sec. 4. (a) Within ten (10) days after:


(1) matter is obtained by seizure or by purchase under this article; or


(2) the defendant is arrested under this article;


whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b).


(b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is:


(1) probably obscene; or


(2) probably harmful to minors.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 2. General Provisions

35-49-2-5 Application of article


Sec. 5. This article does not limit the power of political subdivisions to adopt or enforce zoning ordinances regulating the use of real property.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 49, Ch. 3, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-3-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes (Refs & Annos)

35-49-3-0.1 Repealed by P.L.63-2012, SEC.85, eff. July 1, 2012



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes (Refs & Annos)

35-49-3-1 Sale or distribution or exhibition of obscene matter


Sec. 1. A person who knowingly or intentionally:


(1) sends or brings into Indiana obscene matter for sale or distribution; or


(2) offers to distribute, distributes, or exhibits to another person obscene matter;


commits a Class A misdemeanor. However, the offense is a Class D felony if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under sixteen (16) years of age.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-3-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes (Refs & Annos)

35-49-3-2 Obscene performance


Sec. 2. A person who knowingly or intentionally engages in, participates in, manages, produces, sponsors, presents, exhibits, photographs, films, or videotapes any obscene performance commits a Class A misdemeanor. However, the offense is a Class D felony if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under sixteen (16) years of age.



CREDIT(S)


As added by P.L.311-1983, SEC.33.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes (Refs & Annos)

35-49-3-3 Dissemination of matter or conducting performance harmful to minors


Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:


(1) disseminates matter to minors that is harmful to minors;


(2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;


(3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;


(4) engages in or conducts a performance before minors that is harmful to minors;


(5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;


(6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or


(7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;


commits a Class D felony.


(b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:


(1) the matter is obscene under IC 35-49-2-1;


(2) the matter is child pornography under IC 35-42-4-4; or


(3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.



CREDIT(S)


As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-49-3-4


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 49. Obscenity and Pornography

Chapter 3. Crimes (Refs & Annos)

35-49-3-4 Defense to prosecution for dissemination of matter or conducting performance harmful to minors


Sec. 4. (a) It is a defense to a prosecution under section 3 of this chapter for the defendant to show:


(1) that the matter was disseminated or that the performance was performed for legitimate scientific or educational purposes;


(2) that the matter was disseminated or displayed to or that the performance was performed before the recipient by a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or by an employee of such a school, museum, or public library acting within the scope of the employee's employment;


(3) that the defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or older and that the minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years old or older; or


(4) that the defendant was a salesclerk, motion picture projectionist, usher, or ticket taker, acting within the scope of the defendant's employment and that the defendant had no financial interest in the place where the defendant was so employed.


(b) Except as provided in subsection (c), it is a defense to a prosecution under section 3 of this chapter if all the following apply:


(1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to disseminate matter to a minor that is harmful to minors.


(2) The defendant is not more than four (4) years older or younger than the person who received the matter that is harmful to minors.


(3) The relationship between the defendant and the person who received the matter that is harmful to minors was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term “ongoing personal relationship” does not include a family relationship.


(4) The crime was committed by a person less than twenty-two (22) years of age.


(5) The person receiving the matter expressly or implicitly acquiesced in the defendant's conduct.


(c) The defense to a prosecution described in subsection (b) does not apply if:


(1) the image is disseminated to a person other than the person:


(A) who sent the image; or


(B) who is depicted in the image; or


(2) the dissemination of the image violates:


(A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);


(B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);


(C) a workplace violence restraining order issued under IC 34-26-6;


(D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;


(E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;


(F) a no contact order issued as a condition of probation;


(G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);


(H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;


(I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;


(J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);


(K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:


(i) tribe;


(ii) band;


(iii) pueblo;


(iv) nation; or


(v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);


that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;


(L) an order issued under IC 35-33-8-3.2; or


(M) an order issued under IC 35-38-1-30.



CREDIT(S)


As added by P.L.311-1983, SEC.33. Amended by P.L.180-2011, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 50, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-0.1 Repealed by P.L.63-2012, SEC.86, eff. July 1, 2012



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-1 Authority to sentence


Sec. 1. The court shall fix the penalty of and sentence a person convicted of an offense.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.110.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-2


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-2 Consecutive and concurrent terms


Sec. 2. (a) As used in this section, “crime of violence” means the following:


(1) Murder (IC 35-42-1-1).


(2) Attempted murder (IC 35-41-5-1).


(3) Voluntary manslaughter (IC 35-42-1-3).


(4) Involuntary manslaughter (IC 35-42-1-4).


(5) Reckless homicide (IC 35-42-1-5).


(6) Aggravated battery (IC 35-42-2-1.5).


(7) Kidnapping (IC 35-42-3-2).


(8) Rape (IC 35-42-4-1).


(9) Criminal deviate conduct (IC 35-42-4-2).


(10) Child molesting (IC 35-42-4-3).


(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).


(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).


(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).


(14) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).


(15) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).


(16) Resisting law enforcement as a felony (IC 35-44.1-3-1).


(b) As used in this section, “episode of criminal conduct” means offenses or a connected series of offenses that are closely related in time, place, and circumstance.


(c) Except as provided in subsection (d) or (e), the court shall determine whether terms of imprisonment shall be served concurrently or consecutively. The court may consider the:


(1) aggravating circumstances in IC 35-38-1-7.1(a); and


(2) mitigating circumstances in IC 35-38-1-7.1(b);


in making a determination under this subsection. The court may order terms of imprisonment to be served consecutively even if the sentences are not imposed at the same time. However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the advisory sentence for a felony which is one (1) class of felony higher than the most serious of the felonies for which the person has been convicted.


(d) If, after being arrested for one (1) crime, a person commits another crime:


(1) before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime; or


(2) while the person is released:


(A) upon the person's own recognizance; or


(B) on bond;


the terms of imprisonment for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences are imposed.


(e) If the factfinder determines under IC 35-50-2-11 that a person used a firearm in the commission of the offense for which the person was convicted, the term of imprisonment for the underlying offense and the additional term of imprisonment imposed under IC 35-50-2-11 must be served consecutively.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.111; P.L.330-1987, SEC.1; P.L.164-1994, SEC.1; P.L.304-1995, SEC.1; P.L.203-1996, SEC.7; P.L.219-1997, SEC.1; P.L.228-2001, SEC.6; P.L.266-2003, SEC.2; P.L.71-2005, SEC.4, eff. April 25, 2005; P.L.213-2005, SEC.4, eff. May 11, 2005; P.L.1-2006, SEC.549, eff. Mar. 24, 2006; P.L.126-2008, SEC.12; P.L.125-2012, SEC.416; P.L.126-2012, SEC.59; P.L.13-2013, SEC.144, eff. April 1, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-3 Repealed


(Repealed by P.L.305-1987, SEC.38.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-4 Repealed


(Repealed by P.L.5-1986, SEC.61.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-5 Postconviction remedy; imposition of penalty more severe than originally imposed; credit for time served


Sec. 5. If:


(1) prosecution is initiated against a petitioner who has successfully sought relief under any proceeding for postconviction remedy and a conviction is subsequently obtained; or


(2) a sentence has been set aside under a postconviction remedy and the successful petitioner is to be resentenced;


the sentencing court may impose a more severe penalty than that originally imposed, and the court shall give credit for time served.



CREDIT(S)


As added by P.L.179-1984, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-6 Placement in secure private facility


Sec. 6. (a) Before a person who has been convicted of an offense and committed to the department of correction is assigned to a department of correction program or facility under IC 11-10-1, the sentencing court may recommend that the department of correction place the person in a secure private facility (as defined in IC 31-9-2-115) if:


(1) the person was less than sixteen (16) years of age on the date of sentencing; and


(2) the court determines that the person would benefit from the treatment offered by the facility.


(b) A secure private facility may terminate a placement and request the department of correction to reassign a convicted person to another department of correction facility or program.


(c) When a convicted person becomes twenty-one (21) years of age or if a secure private facility terminates a placement under subsection (b) a convicted person shall:


(1) be assigned to a department of correction facility or program under IC 11-10-1-3(b); and


(2) serve the remainder of the sentence in the department of correction facility or program.


(d) A person who is placed in a secure private facility under this section:


(1) is entitled to earn credit time under IC 35-50-6; and


(2) may be deprived of earned credit time as provided under rules adopted by the department of correction under IC 4-22-2.



CREDIT(S)


As added by P.L.79-1994, SEC.17. Amended by P.L.1-1997, SEC.154; P.L.1-2002, SEC.151.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-1-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 1. General Provisions (Refs & Annos)

35-50-1-7 Notification of name and address of victim


Sec. 7. Whenever a court commits a person to the department of correction as a result of a conviction, the court shall notify the department of correction of the last known name and address of any victim of the offense for which the person is convicted.



CREDIT(S)


As added by P.L.90-2000, SEC.19.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-0.1 Application of certain amendments


Sec. 0.1. The following amendments to this chapter apply as follows:


(1) The amendments described in section 0.2 of this chapter apply as described in section 0.2 of this chapter.


(2) The amendments made to sections 3 and 9 of this chapter by P.L.332-1987 do not apply to a case in which a death sentence has been imposed before September 1, 1987.


(3) The amendments made to sections 3 and 9 of this chapter by P.L.250-1993 apply only to murders committed after June 30, 1993.


(4) The amendments made to section 2 of this chapter by P.L.11-1994 apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.


(5) The amendments made to section 8 of this chapter by P.L.166-2001 apply only if the offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.


(6) The amendments made to section 1 of this chapter by P.L.243-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.243-2001.


(7) The amendments made to section 8(b)(3) of this chapter by P.L.291-2001 apply only if the last offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.


(8) The amendments made to section 10 of this chapter by P.L.291-2001 apply only if the last offense for which the state seeks to have the person sentenced as a habitual substance offender was committed after June 30, 2001. However, a prior unrelated conviction committed before, on, or after July 1, 2001, may be used to qualify an offender as a habitual offender under section 8 of this chapter or as a habitual substance offender under section 10 of this chapter.


(9) The amendments made to section 1 of this chapter by P.L.291-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.291-2001.


(10) The amendments made to section 9 of this chapter by P.L.80-2002 apply only to a conviction for murder that occurs after March 20, 2002, including a conviction entered as a result of a retrial of a person, regardless of when the offense occurred.



CREDIT(S)


As added by P.L.220-2011, SEC.634. Amended by P.L.63-2012, SEC.87.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-0.2


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-0.2 Application of certain P.L.328-1985 amendments


Sec. 0.2. (a) The addition of section 7.1 of this chapter (before its repeal) and the amendment of section 8 of this chapter by P.L.328-1985 do not affect any:


(1) rights or liabilities accrued;


(2) penalties incurred; or


(3) proceedings begun;


before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be imposed and enforced under section 8 of this chapter as if P.L.328-1985 had not been enacted.


(b) If all the felonies relied upon for sentencing a person as a habitual offender under section 8 of this chapter are felonies that were committed before September 1, 1985, the felonies shall be prosecuted and remain punishable under section 8 of this chapter as if P.L.328-1985 had not been enacted.



CREDIT(S)


As added by P.L.220-2011, SEC.635.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-0.3


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-0.3 Inclusion in juvenile record of certain adjudications made after May 31, 1985


Sec. 0.3. For purposes of section 2.1 of this chapter, as added by P.L.284-1985, the juvenile record includes only those adjudications of delinquency after May 31, 1985.



CREDIT(S)


As added by P.L.220-2011, SEC.636.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-1 Definitions


Sec. 1. (a) As used in this chapter, “Class D felony conviction” means a conviction of a Class D felony in Indiana and a conviction, in any other jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor entered under IC 35-38-1-1.5 or section 7(b) or 7(c) of this chapter.


(b) As used in this chapter, “felony conviction” means a conviction, in any jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor under section 7(b) of this chapter.


(c) As used in this chapter, “minimum sentence” means:


(1) for murder, forty-five (45) years;


(2) for a Class A felony, twenty (20) years;


(3) for a Class B felony, six (6) years;


(4) for a Class C felony, two (2) years; and


(5) for a Class D felony, one-half (   1/2 ) year.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.114; P.L.334-1983, SEC.1; P.L.98-1988, SEC.8; P.L.243-2001, SEC.2 and P.L.291-2001, SEC.225; P.L.69-2012, SEC.5.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-1.3


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-1.3 Advisory sentence


Sec. 1.3. (a) For purposes of sections 3 through 7 of this chapter, “advisory sentence” means a guideline sentence that the court may voluntarily consider as the midpoint between the maximum sentence and the minimum sentence.


(b) Except as provided in subsection (c), a court is not required to use an advisory sentence.


(c) In imposing:


(1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-50-1-2(a)) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2;


(2) an additional fixed term to an habitual offender under section 8 of this chapter; or


(3) an additional fixed term to a repeat sexual offender under section 14 of this chapter;


a court is required to use the appropriate advisory sentence in imposing a consecutive sentence or an additional fixed term. However, the court is not required to use the advisory sentence in imposing the sentence for the underlying offense.


(d) This section does not require a court to use an advisory sentence in imposing consecutive sentences for felony convictions that do not arise out of an episode of criminal conduct.



CREDIT(S)


As added by P.L.71-2005, SEC.5, eff. April 25, 2005. Amended by P.L.178-2007, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-1.4


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-1.4 “Criminal gang” defined


Sec. 1.4. For purposes of section 15 of this chapter, “criminal gang” means a group with at least three (3) members that specifically:


(1) either:


(A) promotes, sponsors, or assists in; or


(B) participates in; or


(2) requires as a condition of membership or continued membership;


the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery (IC 35-42-2-1).



CREDIT(S)


As added by P.L.109-2006, SEC.2. Amended by P.L.192-2007, SEC.12.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-1.5


Effective: May 2, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-1.5 “Individual with mental retardation” defined


Sec. 1.5. As used in this chapter, “individual with mental retardation” has the meaning set forth in IC 35-36-9-2.



CREDIT(S)


As added by P.L.158-1994, SEC.4. Amended by P.L.99-2007, SEC.211, eff. May 2, 2007.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-1.8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-1.8 “Sex offense against a child” defined


Sec. 1.8. As used in this chapter, “sex offense against a child” means an offense under IC 35-42-4 in which the victim is a child less than eighteen (18) years of age.



CREDIT(S)


As added by P.L.53-2005, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-2 Suspension; probation; exceptions


Sec. 2. (a) The court may suspend any part of a sentence for a felony, except as provided in this section or in section 2.1 of this chapter.


(b) Except as provided in subsection (i), with respect to the following crimes listed in this subsection, the court may suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7:


(1) The crime committed was a Class A felony or Class B felony and the person has a prior unrelated felony conviction.


(2) The crime committed was a Class C felony and less than seven (7) years have elapsed between the date the person was discharged from probation, imprisonment, or parole, whichever is later, for a prior unrelated felony conviction and the date the person committed the Class C felony for which the person is being sentenced.


(3) The crime committed was a Class D felony and less than three (3) years have elapsed between the date the person was discharged from probation, imprisonment, or parole, whichever is later, for a prior unrelated felony conviction and the date the person committed the Class D felony for which the person is being sentenced. However, the court may suspend the minimum sentence for the crime only if the court orders home detention under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum sentence specified for the crime under this chapter.


(4) The felony committed was:


(A) murder (IC 35-42-1-1);


(B) battery (IC 35-42-2-1) with a deadly weapon or battery causing death;


(C) sexual battery (IC 35-42-4-8) with a deadly weapon;


(D) kidnapping (IC 35-42-3-2);


(E) confinement (IC 35-42-3-3) with a deadly weapon;


(F) rape (IC 35-42-4-1) as a Class A felony;


(G) criminal deviate conduct (IC 35-42-4-2) as a Class A felony;


(H) except as provided in subsection (i), child molesting (IC 35-42-4-3) as a Class A or Class B felony, unless:


(i) the felony committed was child molesting as a Class B felony;


(ii) the victim was not less than twelve (12) years old at the time the offense was committed;


(iii) the person is not more than four (4) years older than the victim, or more than five (5) years older than the victim if the relationship between the person and the victim was a dating relationship or an ongoing personal relationship (not including a family relationship);


(iv) the person did not have a position of authority or substantial influence over the victim; and


(v) the person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person;


(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon;


(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily injury;


(K) burglary (IC 35-43-2-1) resulting in serious bodily injury or with a deadly weapon;


(L) resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon;


(M) escape (IC 35-44.1-3-4) with a deadly weapon;


(N) rioting (IC 35-45-1-2) with a deadly weapon;


(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center;


(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver the methamphetamine pure or adulterated to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center;


(Q) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within one thousand (1,000) feet of:


(i) school property;


(ii) a public park;


(iii) a family housing complex; or


(iv) a youth program center;


(R) an offense under IC 9-30-5 (operating a vehicle while intoxicated) and the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5;


(S) an offense under IC 9-30-5-5(b) (operating a vehicle while intoxicated causing death);


(T) aggravated battery (IC 35-42-2-1.5); or


(U) disarming a law enforcement officer (IC 35-44. 1-3-2).


(c) Except as provided in subsection (e), whenever the court suspends a sentence for a felony, it shall place the person on probation under IC 35-38-2 for a fixed period to end not later than the date that the maximum sentence that may be imposed for the felony will expire.


(d) The minimum sentence for a person convicted of voluntary manslaughter may not be suspended unless the court finds at the sentencing hearing that the crime was not committed by means of a deadly weapon.


(e) Whenever the court suspends that part of the sentence of a sex or violent offender (as defined in IC 11-8-8-5) that is suspendible under subsection (b), the court shall place the sex or violent offender on probation under IC 35-38-2 for not more than ten (10) years.


(f) An additional term of imprisonment imposed under IC 35-50-2-11 may not be suspended.


(g) A term of imprisonment imposed under IC 35-47-10-6 or IC 35-47-10-7 may not be suspended if the commission of the offense was knowing or intentional.


(h) A term of imprisonment imposed for an offense under IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be suspended.


(i) If a person is:


(1) convicted of child molesting (IC 35-42-4-3) as a Class A felony against a victim less than twelve (12) years of age; and


(2) at least twenty-one (21) years of age;


the court may suspend only that part of the sentence that is in excess of thirty (30) years.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.115; Acts 1979, P.L.305, SEC.1; Acts 1982, P.L.204, SEC.39; P.L.334-1983, SEC.2; P.L.284-1985, SEC.3; P.L.211-1986, SEC.1; P.L.98-1988, SEC.9; P.L.351-1989(ss), SEC.4; P.L.214-1991, SEC.2; P.L.240-1991(ss2), SEC.98; P.L.11-1994, SEC.17; P.L.203-1996, SEC.8; P.L.96-1996, SEC.7; P.L.220-1997, SEC.1; P.L.188-1999, SEC.8; P.L.17-2001, SEC.30; P.L.222-2001, SEC.6; P.L.238-2001, SEC.21; P.L.116-2002, SEC.25; P.L.224-2003, SEC.126; P.L.85-2004, SEC.11; P.L.213-2005, SEC.7; P.L.151-2006, SEC.28, eff. Mar. 24, 2006; P.L.140-2006, SEC.36, and P.L.173-2006, SEC.36; P.L.1-2007, SEC.236, eff. Mar. 30, 2007; P.L.216-2007, SEC.50; P.L.64-2008, SEC.2; P.L.126-2012, SEC.60.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-2.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-2.1 Suspension; persons with juvenile record


Sec. 2.1. (a) Except as provided in subsection (b) or section 2 of this chapter, the court may not suspend a sentence for a felony for a person with a juvenile record when:


(1) the juvenile record includes findings that the juvenile acts, if committed by an adult, would constitute:


(A) one (1) Class A or Class B felony;


(B) two (2) Class C or Class D felonies; or


(C) one (1) Class C and one (1) Class D felony; and


(2) less than three (3) years have elapsed between commission of the juvenile acts that would be felonies if committed by an adult and the commission of the felony for which the person is being sentenced.


(b) Notwithstanding subsection (a), the court may suspend any part of the sentence for a felony, except as provided in section 2 of this chapter, if it finds that:


(1) the crime was the result of circumstances unlikely to recur;


(2) the victim of the crime induced or facilitated the offense;


(3) there are substantial grounds tending to excuse or justify the crime, though failing to establish a defense; or


(4) the acts in the juvenile record would not be Class A or Class B felonies if committed by an adult, and the convicted person is to undergo home detention under IC 35-38-1-21 instead of the minimum sentence specified for the crime under this chapter.



CREDIT(S)


As added by P.L.284-1985, SEC.4. Amended by P.L.331-1987, SEC.1; P.L.98-1988, SEC.10.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-3


Effective: May 2, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-3 Murder


Sec. 3. (a) A person who commits murder shall be imprisoned for a fixed term of between forty-five (45) and sixty-five (65) years, with the advisory sentence being fifty-five (55) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).


(b) Notwithstanding subsection (a), a person who was:


(1) at least eighteen (18) years of age at the time the murder was committed may be sentenced to:


(A) death; or


(B) life imprisonment without parole; and


(2) at least sixteen (16) years of age but less than eighteen (18) years of age at the time the murder was committed may be sentenced to life imprisonment without parole;


under section 9 of this chapter unless a court determines under IC 35-36-9 that the person is an individual with mental retardation.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.116; P.L.332-1987, SEC.1; P.L.250-1993, SEC.1; P.L.164-1994, SEC.2; P.L.158-1994, SEC.5; P.L.2-1995, SEC.128; P.L.148-1995, SEC.4; P.L.117-2002, SEC.1; P.L.71-2005, SEC.6, eff. April 25, 2005; P.L.99-2007, SEC.212, eff. May 2, 2007.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-4 Class A felony


Sec. 4. A person who commits a Class A felony shall be imprisoned for a fixed term of between twenty (20) and fifty (50) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.117; P.L.164-1994, SEC.3; P.L.148-1995, SEC.5; P.L.71-2005, SEC.7, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-5 Class B felony


Sec. 5. A person who commits a Class B felony shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.118; P.L.71-2005, SEC.8, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-6 Class C felony; nonsupport of a child as Class D felony


Sec. 6. (a) A person who commits a Class C felony shall be imprisoned for a fixed term of between two (2) and eight (8) years, with the advisory sentence being four (4) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).


(b) Notwithstanding subsection (a), if a person has committed nonsupport of a child as a Class C felony under IC 35-46-1-5, upon motion of the prosecuting attorney, the court may enter judgment of conviction of a Class D felony under IC 35-46-1-5 and sentence the person accordingly. The court shall enter in the record detailed reasons for the court's action when the court enters a judgment of conviction of a Class D felony under this subsection.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.119; P.L.167-1990, SEC.1; P.L.213-1996, SEC.5; P.L.71-2005, SEC.9, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-7


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-7 Class D felony


Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1    1/2 ) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).


(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:


(1) the court finds that:


(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and


(B) the prior felony was committed less than three (3) years before the second felony was committed;


(2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or


(3) the offense is possession of child pornography (IC 35-42-4-4(c)).


The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.


(c) Notwithstanding subsection (a), the sentencing court may convert a Class D felony conviction to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (d) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings:


(1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).


(2) The person was not convicted of a Class D felony that resulted in bodily injury to another person.


(3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).


(4) At least three (3) years have passed since the person:


(A) completed the person's sentence; and


(B) satisfied any other obligation imposed on the person as part of the sentence;


for the Class D felony.


(5) The person has not been convicted of a felony since the person:


(A) completed the person's sentence; and


(B) satisfied any other obligation imposed on the person as part of the sentence;


for the Class D felony.


(6) No criminal charges are pending against the person.


(d) A petition filed under subsection (c) must be verified and set forth:


(1) the crime the person has been convicted of;


(2) the date of the conviction;


(3) the date the person completed the person's sentence;


(4) any obligations imposed on the person as part of the sentence;


(5) the date the obligations were satisfied; and


(6) a verified statement that there are no criminal charges pending against the person.


(e) If a person whose Class D felony conviction has been converted to a Class A misdemeanor conviction under subsection (c) is convicted of a felony within five (5) years after the conversion under subsection (c), a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.120; Acts 1982, P.L.204, SEC.40; P.L.334-1983, SEC.3; P.L.136-1987, SEC.7; P.L.167-1990, SEC.2; P.L.188-1999, SEC.9; P.L.98-2003, SEC.3; P.L.71-2005, SEC.10, eff. April 25, 2005; P.L.69-2012, SEC.6; P.L.13-2013, SEC.145, eff. April 1, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-7.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-7.1 Repealed


(Repealed by P.L.164-1993, SEC.14.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-8 Habitual offenders


Sec. 8. (a) Except as otherwise provided in this section, the state may seek to have a person sentenced as a habitual offender for any felony by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) prior unrelated felony convictions.


(b) The state may not seek to have a person sentenced as a habitual offender for a felony offense under this section if:


(1) the offense is a misdemeanor that is enhanced to a felony in the same proceeding as the habitual offender proceeding solely because the person had a prior unrelated conviction;


(2) the offense is an offense under IC 9-30-10-16 or IC 9-30-10-17; or


(3) all of the following apply:


(A) The offense is an offense under IC 16-42-19 or IC 35-48-4.


(B) The offense is not listed in section 2(b)(4) of this chapter.


(C) The total number of unrelated convictions that the person has for:


(i) dealing in or selling a legend drug under IC 16-42-19-27;


(ii) dealing in cocaine or a narcotic drug (IC 35-48-4-1);


(iii) dealing in a schedule I, II, III controlled substance (IC 35-48-4-2);


(iv) dealing in a schedule IV controlled substance (IC 35-48-4-3); and


(v) dealing in a schedule V controlled substance (IC 35-48-4-4);


does not exceed one (1).


(c) A person has accumulated two (2) prior unrelated felony convictions for purposes of this section only if:


(1) the second prior unrelated felony conviction was committed after sentencing for the first prior unrelated felony conviction; and


(2) the offense for which the state seeks to have the person sentenced as a habitual offender was committed after sentencing for the second prior unrelated felony conviction.


(d) A conviction does not count for purposes of this section as a prior unrelated felony conviction if:


(1) the conviction has been set aside;


(2) the conviction is one for which the person has been pardoned; or


(3) all of the following apply:


(A) The offense is an offense under IC 16-42-19 or IC 35-48-4.


(B) The offense is not listed in section 2(b)(4) of this chapter.


(C) The total number of unrelated convictions that the person has for:


(i) dealing in or selling a legend drug under IC 16-42-19-27;


(ii) dealing in cocaine or a narcotic drug (IC 35-48-4-1);


(iii) dealing in a schedule I, II, III controlled substance (IC 35-48-4-2);


(iv) dealing in a schedule IV controlled substance (IC 35-48-4-3); and


(v) dealing in a schedule V controlled substance (IC 35-48-4-4);


does not exceed one (1).


(e) The requirements in subsection (b) do not apply to a prior unrelated felony conviction that is used to support a sentence as a habitual offender. A prior unrelated felony conviction may be used under this section to support a sentence as a habitual offender even if the sentence for the prior unrelated offense was enhanced for any reason, including an enhancement because the person had been convicted of another offense. However, a prior unrelated felony conviction under IC 9-30-10-16, IC 9-30-10-17, IC 9-12-3-1 (repealed), or IC 9-12-3-2 (repealed) may not be used to support a sentence as a habitual offender.


(f) If the person was convicted of the felony in a jury trial, the jury shall reconvene for the sentencing hearing. If the trial was to the court or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing under IC 35-38-1-3.


(g) A person is a habitual offender if the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had accumulated two (2) prior unrelated felony convictions.


(h) The court shall sentence a person found to be a habitual offender to an additional fixed term that is not less than the advisory sentence for the underlying offense nor more than three (3) times the advisory sentence for the underlying offense. However, the additional sentence may not exceed thirty (30) years.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.121; Acts 1980, P.L.210, SEC.1; P.L.335-1983, SEC.1; P.L.328-1985, SEC.2; P.L.1-1990, SEC.353; P.L.164-1993, SEC.13; P.L.140-1994, SEC.14; P.L.305-1995, SEC.1; P.L.166-2001, SEC.3; P.L.291-2001, SEC.226; P.L.71-2005, SEC.11, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-8.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-8.5 Life imprisonment without parole after multiple felony convictions


Sec. 8.5. (a) The state may seek to have a person sentenced to life imprisonment without parole for any felony described in section 2(b)(4) of this chapter by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) prior unrelated felony convictions described in section 2(b)(4) of this chapter.


(b) The state may seek to have a person sentenced to life imprisonment without parole for a Class A felony under IC 35-42-4 that is a sex offense against a child by alleging, on a page separate from the rest of the charging instrument, that the person has a prior unrelated Class A felony conviction under IC 35-42-4 that is a sex offense against a child.


(c) If the person was convicted of the felony in a jury trial, the jury shall reconvene to hear evidence on the life imprisonment without parole allegation. If the person was convicted of the felony by trial to the court without a jury or if the judgment was entered to guilty plea, the court alone shall hear evidence on the life imprisonment without parole allegation.


(d) A person is subject to life imprisonment without parole if the jury (in a case tried by a jury) or the court (in a case tried by the court or on a judgment entered on a guilty plea) finds that the state has proved beyond a reasonable doubt that the person:


(1) has accumulated two (2) prior unrelated convictions for offenses described in section 2(b)(4) of this chapter; or


(2) has a prior unrelated Class A felony conviction under IC 35-42-4 that is a sex offense against a child.


(e) The court may sentence a person found to be subject to life imprisonment without parole under this section to life imprisonment without parole.



CREDIT(S)


As added by P.L.158-1994, SEC.6. Amended by P.L.53-2005, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-9


Effective: May 2, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-9 Death sentence; life imprisonment without parole


Sec. 9. (a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is an individual with mental retardation.


(b) The aggravating circumstances are as follows:


(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:


(A) Arson (IC 35-43-1-1).


(B) Burglary (IC 35-43-2-1).


(C) Child molesting (IC 35-42-4-3).


(D) Criminal deviate conduct (IC 35-42-4-2).


(E) Kidnapping (IC 35-42-3-2).


(F) Rape (IC 35-42-4-1).


(G) Robbery (IC 35-42-5-1).


(H) Carjacking (IC 35-42-5-2).


(I) Criminal gang activity (IC 35-45-9-3).


(J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).


(2) The defendant committed the murder by the unlawful detonation of an explosive with intent to injure person or damage property.


(3) The defendant committed the murder by lying in wait.


(4) The defendant who committed the murder was hired to kill.


(5) The defendant committed the murder by hiring another person to kill.


(6) The victim of the murder was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer, fireman, judge, or law enforcement officer, and either:


(A) the victim was acting in the course of duty; or


(B) the murder was motivated by an act the victim performed while acting in the course of duty.


(7) The defendant has been convicted of another murder.


(8) The defendant has committed another murder, at any time, regardless of whether the defendant has been convicted of that other murder.


(9) The defendant was:


(A) under the custody of the department of correction;


(B) under the custody of a county sheriff;


(C) on probation after receiving a sentence for the commission of a felony; or


(D) on parole;


at the time the murder was committed.


(10) The defendant dismembered the victim.


(11) The defendant burned, mutilated, or tortured the victim while the victim was alive.


(12) The victim of the murder was less than twelve (12) years of age.


(13) The victim was a victim of any of the following offenses for which the defendant was convicted:


(A) Battery as a Class D felony or as a Class C felony under IC 35-42-2-1.


(B) Kidnapping (IC 35-42-3-2).


(C) Criminal confinement (IC 35-42-3-3).


(D) A sex crime under IC 35-42-4.


(14) The victim of the murder was listed by the state or known by the defendant to be a witness against the defendant and the defendant committed the murder with the intent to prevent the person from testifying.


(15) The defendant committed the murder by intentionally discharging a firearm (as defined in IC 35-47-1-5):


(A) into an inhabited dwelling; or


(B) from a vehicle.


(16) The victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability (as defined in IC 16-18-2-365).


(c) The mitigating circumstances that may be considered under this section are as follows:


(1) The defendant has no significant history of prior criminal conduct.


(2) The defendant was under the influence of extreme mental or emotional disturbance when the murder was committed.


(3) The victim was a participant in or consented to the defendant's conduct.


(4) The defendant was an accomplice in a murder committed by another person, and the defendant's participation was relatively minor.


(5) The defendant acted under the substantial domination of another person.


(6) The defendant's capacity to appreciate the criminality of the defendant's conduct or to conform that conduct to the requirements of law was substantially impaired as a result of mental disease or defect or of intoxication.


(7) The defendant was less than eighteen (18) years of age at the time the murder was committed.


(8) Any other circumstances appropriate for consideration.


(d) If the defendant was convicted of murder in a jury trial, the jury shall reconvene for the sentencing hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing. The jury or the court may consider all the evidence introduced at the trial stage of the proceedings, together with new evidence presented at the sentencing hearing. The court shall instruct the jury concerning the statutory penalties for murder and any other offenses for which the defendant was convicted, the potential for consecutive or concurrent sentencing, and the availability of good time credit and clemency. The court shall instruct the jury that, in order for the jury to recommend to the court that the death penalty or life imprisonment without parole should be imposed, the jury must find at least one (1) aggravating circumstance beyond a reasonable doubt as described in subsection (l) and shall provide a special verdict form for each aggravating circumstance alleged. The defendant may present any additional evidence relevant to:


(1) the aggravating circumstances alleged; or


(2) any of the mitigating circumstances listed in subsection (c).


(e) For a defendant sentenced after June 30, 2002, except as provided by IC 35-36-9, if the hearing is by jury, the jury shall recommend to the court whether the death penalty or life imprisonment without parole, or neither, should be imposed. The jury may recommend:


(1) the death penalty; or


(2) life imprisonment without parole;


only if it makes the findings described in subsection (l). If the jury reaches a sentencing recommendation, the court shall sentence the defendant accordingly. After a court pronounces sentence, a representative of the victim's family and friends may present a statement regarding the impact of the crime on family and friends. The impact statement may be submitted in writing or given orally by the representative. The statement shall be given in the presence of the defendant.


(f) If a jury is unable to agree on a sentence recommendation after reasonable deliberations, the court shall discharge the jury and proceed as if the hearing had been to the court alone.


(g) If the hearing is to the court alone, except as provided by IC 35-36-9, the court shall:


(1) sentence the defendant to death; or


(2) impose a term of life imprisonment without parole;


only if it makes the findings described in subsection (l).


(h) If a court sentences a defendant to death, the court shall order the defendant's execution to be carried out not later than one (1) year and one (1) day after the date the defendant was convicted. The supreme court has exclusive jurisdiction to stay the execution of a death sentence. If the supreme court stays the execution of a death sentence, the supreme court shall order a new date for the defendant's execution.


(i) If a person sentenced to death by a court files a petition for post-conviction relief, the court, not later than ninety (90) days after the date the petition is filed, shall set a date to hold a hearing to consider the petition. If a court does not, within the ninety (90) day period, set the date to hold the hearing to consider the petition, the court's failure to set the hearing date is not a basis for additional post-conviction relief. The attorney general shall answer the petition for post-conviction relief on behalf of the state. At the request of the attorney general, a prosecuting attorney shall assist the attorney general. The court shall enter written findings of fact and conclusions of law concerning the petition not later than ninety (90) days after the date the hearing concludes. However, if the court determines that the petition is without merit, the court may dismiss the petition within ninety (90) days without conducting a hearing under this subsection.


(j) A death sentence is subject to automatic review by the supreme court. The review, which shall be heard under rules adopted by the supreme court, shall be given priority over all other cases. The supreme court's review must take into consideration all claims that the:


(1) conviction or sentence was in violation of the:


(A) Constitution of the State of Indiana; or


(B) Constitution of the United States;


(2) sentencing court was without jurisdiction to impose a sentence; and


(3) sentence:


(A) exceeds the maximum sentence authorized by law; or


(B) is otherwise erroneous.


If the supreme court cannot complete its review by the date set by the sentencing court for the defendant's execution under subsection (h), the supreme court shall stay the execution of the death sentence and set a new date to carry out the defendant's execution.


(k) A person who has been sentenced to death and who has completed state post-conviction review proceedings may file a written petition with the supreme court seeking to present new evidence challenging the person's guilt or the appropriateness of the death sentence if the person serves notice on the attorney general. The supreme court shall determine, with or without a hearing, whether the person has presented previously undiscovered evidence that undermines confidence in the conviction or the death sentence. If necessary, the supreme court may remand the case to the trial court for an evidentiary hearing to consider the new evidence and its effect on the person's conviction and death sentence. The supreme court may not make a determination in the person's favor nor make a decision to remand the case to the trial court for an evidentiary hearing without first providing the attorney general with an opportunity to be heard on the matter.


(l) Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding under subsection (g), must find that:


(1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and


(2) any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances.



CREDIT(S)


As added by Acts 1977, P.L.340, SEC.122. Amended by P.L.336-1983, SEC.1; P.L.212-1986, SEC.1; P.L.332-1987, SEC.2; P.L.320-1987, SEC.2; P.L.296-1989, SEC.2; P.L.138-1989, SEC.6; P.L.1-1990, SEC.354; P.L.230-1993, SEC.5; P.L.250-1993, SEC.2; P.L.158-1994, SEC.7; P.L.306-1995, SEC.1; P.L.228-1996, SEC.1; P.L.216-1996, SEC.25; P.L.261-1997, SEC.7; P.L.80-2002, SEC.1; P.L.117-2002, SEC.2; P.L.1-2003, SEC.97, eff. July 1, 2002; P.L.147-2003, SEC.1; P.L.1-2006, SEC.550, eff. Mar. 24, 2006; P.L.99-2007, SEC.213, eff. May 2, 2007.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-10 Habitual substance offenders


Sec. 10. (a) As used in this section:


(1) “Drug” means a drug or a controlled substance (as defined in IC 35-48-1).


(2) “Substance offense” means a Class A misdemeanor or a felony in which the possession, use, abuse, delivery, transportation, or manufacture of alcohol or drugs is a material element of the crime. The term includes an offense under IC 9-30-5 and an offense under IC 9-11-2 (before its repeal).


(b) The state may seek to have a person sentenced as a habitual substance offender for any substance offense by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) prior unrelated substance offense convictions.


(c) After a person has been convicted and sentenced for a substance offense committed after sentencing for a prior unrelated substance offense conviction, the person has accumulated two (2) prior unrelated substance offense convictions. However, a conviction does not count for purposes of this subsection if:


(1) it has been set aside; or


(2) it is a conviction for which the person has been pardoned.


(d) If the person was convicted of the substance offense in a jury trial, the jury shall reconvene for the sentencing hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing, under IC 35-38-1-3.


(e) A person is a habitual substance offender if the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had accumulated two (2) prior unrelated substance offense convictions.


(f) The court shall sentence a person found to be a habitual substance offender to an additional fixed term of at least three (3) years but not more than eight (8) years imprisonment, to be added to the term of imprisonment imposed under IC 35-50-2 or IC 35-50-3. If the court finds that:


(1) three (3) years or more have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last prior unrelated substance offense conviction and the date the person committed the substance offense for which the person is being sentenced as a habitual substance offender; or


(2) all of the substance offenses for which the person has been convicted are substance offenses under IC 16-42-19 or IC 35-48-4, the person has not been convicted of a substance offense listed in section 2(b)(4) of this chapter, and the total number of convictions that the person has for:


(A) dealing in or selling a legend drug under IC 16-42-19-27;


(B) dealing in cocaine or a narcotic drug (IC 35-48-4-1);


(C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);


(D) dealing in a schedule IV controlled substance (IC 35-48-4-3); and


(E) dealing in a schedule V controlled substance (IC 35-48-4-4);


does not exceed one (1);


then the court may reduce the additional fixed term. However, the court may not reduce the additional fixed term to less than one (1) year.


(g) If a reduction of the additional year fixed term is authorized under subsection (f), the court may also consider the aggravating or circumstances in IC 35-38-1-7.1(a) and the mitigating circumstances in IC 35-38-1-7.1(b) to:


(1) decide the issue of granting a reduction; or


(2) determine the number of years, if any, to be subtracted under subsection (f).



CREDIT(S)


As added by P.L.335-1983, SEC.2. Amended by P.L.327-1985, SEC.5; P.L.98-1988, SEC.11; P.L.1-1990, SEC.355; P.L.97-1996, SEC.5 and P.L.96-1996, SEC.8; P.L.2-1997, SEC.77; P.L.291-2001, SEC.227; ; P.L.71-2005, SEC.12, eff. April 25, 2005; P.L.213-2005, SEC.5, eff. May 11, 2005; P.L.1-2006, SEC.551, eff. Mar. 24, 2006.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-11 Firearm used in commission of offense; separate charge; additional sentence


Sec. 11. (a) As used in this section, “firearm” has the meaning set forth in IC 35-47-1-5.


(b) As used in this section, “offense” means:


(1) a felony under IC 35-42 that resulted in death or serious bodily injury;


(2) kidnapping; or


(3) criminal confinement as a Class B felony.


(c) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the offense.


(d) If the person was convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.


(e) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the offense, the court may sentence the person to an additional fixed term of imprisonment of five (5) years.



CREDIT(S)


As added by P.L.140-1994, SEC.15. Amended by P.L.203-1996, SEC.9; P.L.71-2005, SEC.13, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-12


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-12 Characteristics of incarcerated offenders; publication of findings


Sec. 12. The Indiana criminal justice institute shall review characteristics of offenders committed to the department of correction over such period of time it deems appropriate and of the offenses committed by those offenders in order to ascertain norms used by the trial courts in sentencing. The Indiana criminal justice institute shall from time to time publish its findings in the Indiana Register and provide its findings to the legislative services agency and the judicial conference of Indiana.



CREDIT(S)


As added by P.L.164-1994, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-13 Use of firearms in controlled substance offenses under IC 35-48-4-1 through 35-48-4-4


Sec. 13. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:


(1) used a firearm; or


(2) possessed a:


(A) handgun in violation of IC 35-47-2-1;


(B) sawed-off shotgun in violation of IC 35-47-5-4.1; or


(C) machine gun in violation of IC 35-47-5-8;


while committing the offense.


(b) If the person was convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.


(c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally committed an offense as described in subsection (a), the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows:


(1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years.


(2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. The additional sentence under this subdivision is in addition to any additional sentence imposed under section 11 of this chapter for use of a firearm in the commission of an offense.



CREDIT(S)


As added by P.L.148-1995, SEC.6. Amended by P.L.71-2005, SEC.14, eff. April 25, 2005.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-14


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-14 Repeat sexual offender


Sec. 14. (a) As used in this section, “sex offense” means a felony conviction:


(1) under IC 35-42-4-1 through IC 35-42-4-9 or under IC 35-46-1-3;


(2) for an attempt or conspiracy to commit an offense described in subdivision (1); or


(3) for an offense under the laws of another jurisdiction, including a military court, that is substantially similar to an offense described in subdivision (1).


(b) The state may seek to have a person sentenced as a repeat sexual offender for a sex offense described in subsection (a)(1) or (a)(2) by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated one (1) prior unrelated felony conviction for a sex offense described in subsection (a).


(c) After a person has been convicted and sentenced for a felony described in subsection (a)(1) or (a)(2) after having been sentenced for a prior unrelated sex offense described in subsection (a), the person has accumulated one (1) prior unrelated felony sex offense conviction. However, a conviction does not count for purposes of this subsection, if:


(1) it has been set aside; or


(2) it is a conviction for which the person has been pardoned.


(d) If the person was convicted of the sex offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.


(e) A person is a repeat sexual offender if the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had accumulated one (1) prior unrelated felony sex offense conviction.


(f) The court may sentence a person found to be a repeat sexual offender to an additional fixed term that is the advisory sentence for the underlying offense. However, the additional sentence may not exceed ten (10) years.



CREDIT(S)


As added by P.L.214-1999, SEC.4. Amended by P.L.71-2005, SEC.15, eff. April 25, 2005; P.L.6-2006, SEC.9, P.L.140-2006, SEC.37, and P.L.173-2006, SEC.37; P.L.125-2009, SEC.8.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-15 Criminal gangs; felony sentencing; expert testimony


Sec. 15. (a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9-3.


(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:


(1) was a member of a criminal gang while committing the offense; and


(2) committed the felony offense at the direction of or in affiliation with a criminal gang.


(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.


(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal gang while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal gang as described in subsection (b), the court shall:


(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or


(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.


(e) A sentence imposed under this section shall run consecutively to the underlying sentence.


(f) A term of imprisonment imposed under this section may not be suspended.


(g) For purposes of subsection (c), evidence that a person was a member of a criminal gang or committed a felony at the direction of or in affiliation with a criminal gang may include expert testimony pursuant to the Indiana Rules of Evidence that may be admitted to prove that particular conduct, status, and customs are indicative of criminal gang activity. The expert testimony may include the following:


(1) Characteristics of persons who are members of criminal gangs.


(2) Descriptions of rivalries between criminal gangs.


(3) Common practices and operations of criminal gangs.


(4) Behavior of criminal gangs.


(5) Terminology used by members of criminal gangs.


(6) Codes of conduct, including criminal conduct, of particular criminal gangs.


(7) Types of crimes that are likely to be committed by a particular criminal gang.



CREDIT(S)


As added by P.L.109-2006, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-2-16


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders

35-50-2-16 Termination of pregnancy caused during commission of offense; additional sentence; burden of proof


Sec. 16. (a) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed or attempted to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2) sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing or attempting to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the termination of a human pregnancy.


(b) If the person is convicted of the murder or attempted murder in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.


(c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person, while committing or attempting to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the termination of a human pregnancy, the court shall sentence the person to an additional fixed term of imprisonment of not less than six (6) or more than twenty (20) years.


(d) A sentence imposed under this section runs consecutively to the underlying sentence.


(e) For purposes of this section, prosecution of the murder or attempted murder under IC 35-42-1-1(1) or IC 35-42-1-1(2) and the enhancement of the penalty for that crime does not require proof that:


(1) the person committing or attempting to commit the murder had knowledge or should have had knowledge that the victim was pregnant; or


(2) the defendant intended to cause the termination of a human pregnancy.



CREDIT(S)


As added by P.L.40-2009, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-3-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 3. Sentences for Misdemeanors

35-50-3-0.1 Repealed by P.L.63-2012, SEC.88, eff. July 1, 2012



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 3. Sentences for Misdemeanors

35-50-3-1 Suspension; probation


Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.


(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.


(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user's fee that exceeds fifty percent (50%) of the maximum probation user's fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9; P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-3-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 3. Sentences for Misdemeanors

35-50-3-2 Class A misdemeanor


Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 3. Sentences for Misdemeanors

35-50-3-3 Class B misdemeanor


Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-3-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 3. Sentences for Misdemeanors

35-50-3-4 Class C Misdemeanor


Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).



CREDIT(S)


As added by Acts 1978, P.L.2, SEC.3554.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 4. Sentences for Infractions

35-50-4-1 to 35-50-4-4 Repealed


(Repealed by Acts 1981, P.L.108, SEC.40.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-4-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 4. Sentences for Infractions

35-50-4-1 to 35-50-4-4 Repealed


(Repealed by Acts 1981, P.L.108, SEC.40.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-4-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 4. Sentences for Infractions

35-50-4-1 to 35-50-4-4 Repealed


(Repealed by Acts 1981, P.L.108, SEC.40.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-4-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 4. Sentences for Infractions

35-50-4-1 to 35-50-4-4 Repealed


(Repealed by Acts 1981, P.L.108, SEC.40.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-0.1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-0.1 Application of certain P.L.125-2006 amendments


Sec. 0.1. The amendments made to section 3 of this chapter by P.L.125-2006 apply only to persons sentenced after June 30, 2006.



CREDIT(S)


As added by P.L.220-2011, SEC.638.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-1 Repealed


(Repealed by Acts 1980, P.L.73, SEC.23.)



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-1.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-1.1 Bribery or official misconduct


Sec. 1.1. (a) Whenever a person is convicted of a misdemeanor under IC 35-44.1-1, the court may include in the sentence an order rendering the person incapable of holding a public office of trust or profit for a fixed period of not more than ten (10) years.


(b) If any officer of a governmental entity is convicted of a misdemeanor under IC 35-44.1-1, the court may enter an order removing the officer from office.


(c) This subsection applies whenever:


(1) the court enters an order under this section that applies to a person who is an officer of a governmental entity (as defined in IC 35-31.5-2-144); and


(2) a vacancy occurs in the office held by the person as the result of the court's order.


The court must file a certified copy of the order with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the office. The person receiving the copy of the order must give notice of the order in the same manner as if the person had received a notice of the death of the officeholder under IC 5-8-6. The person required or permitted to fill the vacancy that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.



CREDIT(S)


As added by Acts 1980, P.L.73, SEC.3. Amended by P.L.4-1991, SEC.140; P.L.119-2005, SEC.35; P.L.114-2012, SEC.145; P.L.126-2012, SEC.61.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-2 Alternative fine


Sec. 2. In the alternative to the provisions concerning fines in this article, a person may be fined a sum equal to twice his pecuniary gain, or twice the pecuniary loss sustained by victims of the offense he committed.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.131.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-3 Restitution order


Sec. 3. (a) Except as provided in subsection (i), (j), (l), or (m), in addition to any sentence imposed under this article for a felony or misdemeanor, the court may, as a condition of probation or without placing the person on probation, order the person to make restitution to the victim of the crime, the victim's estate, or the family of a victim who is deceased. The court shall base its restitution order upon a consideration of:


(1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate);


(2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime;


(3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition;


(4) earnings lost by the victim (before the date of sentencing) as a result of the crime including earnings lost while the victim was hospitalized or participating in the investigation or trial of the crime; and


(5) funeral, burial, or cremation costs incurred by the family or estate of a homicide victim as a result of the crime.


(b) A restitution order under subsection (a), (i), (j), (l), or (m), is a judgment lien that:


(1) attaches to the property of the person subject to the order;


(2) may be perfected;


(3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and


(4) expires;


in the same manner as a judgment lien created in a civil proceeding.


(c) When a restitution order is issued under subsection (a), the issuing court may order the person to pay the restitution, or part of the restitution, directly to:


(1) the victim services division of the Indiana criminal justice institute in an amount not exceeding:


(A) the amount of the award, if any, paid to the victim under IC 5-2-6.1; and


(B) the cost of the reimbursements, if any, for emergency services provided to the victim under IC 16-10-1.5 (before its repeal) or IC 16-21-8; or


(2) a probation department that shall forward restitution or part of restitution to:


(A) a victim of a crime;


(B) a victim's estate; or


(C) the family of a victim who is deceased.


The victim services division of the Indiana criminal justice institute shall deposit the restitution it receives under this subsection in the violent crime victims compensation fund established by IC 5-2-6.1-40.


(d) When a restitution order is issued under subsection (a), (i), (j), (l), or (m), the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. The restitution order must include the following information:


(1) The name and address of the person that is to receive the restitution.


(2) The amount of restitution the person is to receive.


Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2. The clerk shall also notify the department of insurance of an order of restitution under subsection (i).


(e) An order of restitution under subsection (a), (i), (j), (l), or (m), does not bar a civil action for:


(1) damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damage that is the basis of restitution ordered by the court; and


(2) other damages suffered by the victim.


(f) Regardless of whether restitution is required under subsection (a) as a condition of probation or other sentence, the restitution order is not discharged by the completion of any probationary period or other sentence imposed for a felony or misdemeanor.


(g) A restitution order under subsection (a), (i), (j), (l), or (m), is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or IC 34-2-7 before their repeal).


(h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.


(i) The court may order the person convicted of an offense under IC 35-43-9 to make restitution to the victim of the crime. The court shall base its restitution order upon a consideration of the amount of money that the convicted person converted, misappropriated, or received, or for which the convicted person conspired. The restitution order issued for a violation of IC 35-43-9 must comply with subsections (b), (d), (e), and (g), and is not discharged by the completion of any probationary period or other sentence imposed for a violation of IC 35-43-9.


(j) The court may order the person convicted of an offense under IC 35-43-5-3.5 to make restitution to the victim of the crime, the victim's estate, or the family of a victim who is deceased. The court shall base its restitution order upon a consideration of the amount of fraud or harm caused by the convicted person and any reasonable expenses (including lost wages) incurred by the victim in correcting the victim's credit report and addressing any other issues caused by the commission of the offense under IC 35-43-5-3.5. If, after a person is sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's estate, or the family of a victim discovers or incurs additional expenses that result from the convicted person's commission of the offense under IC 35-43-5-3.5, the court may issue one (1) or more restitution orders to require the convicted person to make restitution, even if the court issued a restitution order at the time of sentencing. For purposes of entering a restitution order after sentencing, a court has continuing jurisdiction over a person convicted of an offense under IC 35-43-5-3.5 for five (5) years after the date of sentencing. Each restitution order issued for a violation of IC 35-43-5-3.5 must comply with subsections (b), (d), (e), and (g), and is not discharged by the completion of any probationary period or other sentence imposed for an offense under IC 35-43-5-3.5.


(k) The court shall order a person convicted of an offense under IC 35-42-3.5 to make restitution to the victim of the crime in an amount equal to the greater of the following:


(1) The gross income or value to the person of the victim's labor or services.


(2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of:


(A) the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201-209); or


(B) IC 22-2-2 (Minimum Wage);


whichever is greater.


(l) The court shall order a person who:


(1) is convicted of dealing in methamphetamine under IC 35-48-4-1.1(a)(1)(A); and


(2) manufactured the methamphetamine on property owned by another person, without the consent of the property owner;


to pay liquidated damages to the property owner in the amount of ten thousand dollars ($10,000).


(m) The court shall order a person who:


(1) is convicted of dealing in marijuana under IC 35-48-4-10(a)(1)(A); and


(2) manufactured the marijuana on property owned by another person, without the consent of the property owner;


to pay liquidated damages to the property owner in the amount of two thousand dollars ($2,000).



CREDIT(S)


As added by P.L.337-1983, SEC.1. Amended by P.L.149-1988, SEC.6; P.L.240-1991(ss2), SEC.99; P.L.2-1992, SEC.885; P.L.2-1993, SEC.194; P.L.47-1993, SEC.13; P.L.4-1994, SEC.21; P.L.307-1995, SEC.1; P.L.300-1995, SEC.3; P.L.1-1998, SEC.200; P.L.2-2002, SEC.105; P.L.88-2002, SEC.3; P.L.85-2004, SEC.54; P.L.98-2004, SEC.157; P.L.2-2005, SEC.129, eff. April 25, 2005; P.L.125-2006, SEC.11; P.L.173-2006, SEC.54; P.L.73-2012, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-5-4


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 5. Additional Penalties

35-50-5-4 Reimbursement order


Sec. 4. (a) This section applies only:


(1) if the county in which a criminal proceeding was filed adopts an ordinance under IC 36-2-13-15; and


(2) to a person who is sentenced under this article for a felony or a misdemeanor.


(b) At the time the court imposes a sentence, the court may order the person to execute a reimbursement plan as directed by the court and make repayments under the plan to the county for the costs described in IC 36-2-13-15.


(c) The court shall fix an amount under this section that:


(1) may not exceed an amount the person can or will be able to pay;


(2) does not harm the person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and


(3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.


(d) When an order is issued under this section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2.


(e) An order under this section is not discharged:


(1) by the completion of a sentence imposed for a felony or misdemeanor; or


(2) by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, and IC 34-48-6 before their repeal).



CREDIT(S)


As added by P.L.123-1998, SEC.1. Amended by P.L.1-1999, SEC.79; P.L.2-2002, SEC.106; P.L.98-2004, SEC.158; P.L.106-2010, SEC.17.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-0.1 Application of certain amendments


Sec. 0.1. The following amendments to this chapter apply as follows:


(1) The amendments made to section 1 of this chapter by P.L.11-1994 apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.


(2) The amendments made to sections 3, 4, and 5 of this chapter by P.L.80-2008 apply only to persons convicted after June 30, 2008.



CREDIT(S)


As added by P.L.220-2011, SEC.639. Amended by P.L.63-2012, SEC.89.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-1 Parole; expiration; revocation; lifetime parole for sexually violent predators


Sec. 1. (a) Except as provided in subsection (d) or (e), when a person imprisoned for a felony completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to that term, the person shall be:


(1) released on parole for not more than twenty-four (24) months, as determined by the parole board, unless:


(A) the person is being placed on parole for the first time;


(B) the person is not being placed on parole for a conviction for a crime of violence (as defined in IC 35-50-1-2);


(C) the person is not a sex offender (as defined in IC 11-8-8-4.5); and


(D) in the six (6) months before being placed on parole, the person has not violated a rule of the department of correction or a rule of the penal facility in which the person is imprisoned;


(2) discharged upon a finding by the committing court that the person was assigned to a community transition program and may be discharged without the requirement of parole; or


(3) released to the committing court if the sentence included a period of probation.


A person described in subdivision (1) shall be released on parole for not more than twelve (12) months, as determined by the parole board.


(b) This subsection does not apply to a person described in subsection (d), (e), or (f). A person released on parole remains on parole from the date of release until the person's fixed term expires, unless the person's parole is revoked or the person is discharged from that term by the parole board. In any event, if the person's parole is not revoked, the parole board shall discharge the person after the period set under subsection (a) or the expiration of the person's fixed term, whichever is shorter.


(c) A person whose parole is revoked shall be imprisoned for all or part of the remainder of the person's fixed term. However, the person shall again be released on parole when the person completes that remainder, less the credit time the person has earned since the revocation. The parole board may reinstate the person on parole at any time after the revocation.


(d) This subsection does not apply to a person who is a sexually violent predator under IC 35-38-1-7.5. When a sex offender (as defined in IC 11-8-8-4.5) completes the sex offender's fixed term of imprisonment, less credit time earned with respect to that term, the sex offender shall be placed on parole for not more than ten (10) years.


(e) This subsection applies to a person who:


(1) is a sexually violent predator under IC 35-38-1-7.5;


(2) has been convicted of murder (IC 35-42-1-1); or


(3) has been convicted of voluntary manslaughter (IC 35-42-1-3).


When a person described in this subsection completes the person's fixed term of imprisonment, less credit time earned with respect to that term, the person shall be placed on parole for the remainder of the person's life.


(f) This subsection applies to a parolee in another jurisdiction who is a person described in subsection (e) and whose parole supervision is transferred to Indiana from another jurisdiction. In accordance with IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and Parolees) and rules adopted under Article VII (d)(8) of the Interstate Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who is a person described in subsection (e) and whose parole supervision is transferred to Indiana is subject to the same conditions of parole as a person described in subsection (e) who was convicted in Indiana, including:


(1) lifetime parole (as described in subsection (e)); and


(2) the requirement that the person wear a monitoring device (as described in IC 35-38-2.5-3) that can transmit information twenty-four (24) hours each day regarding a person's precise location, if applicable.


(g) If a person being supervised on lifetime parole as described in subsection (e) is also required to be supervised by a court, a probation department, a community corrections program, a community transition program, or another similar program upon the person's release from imprisonment, the parole board may:


(1) supervise the person while the person is being supervised by the other supervising agency; or


(2) permit the other supervising agency to exercise all or part of the parole board's supervisory responsibility during the period in which the other supervising agency is required to supervise the person, if supervision by the other supervising agency will be, in the opinion of the parole board:


(A) at least as stringent; and


(B) at least as effective;


as supervision by the parole board.


(h) The parole board is not required to supervise a person on lifetime parole during any period in which the person is imprisoned. However, upon the person's release from imprisonment, the parole board shall recommence its supervision of a person on lifetime parole.


(i) If a court orders the parole board to place a sexually violent predator whose sentence does not include a commitment to the department of correction on lifetime parole under IC 35-38-1-29, the parole board shall place the sexually violent predator on lifetime parole and supervise the person in the same manner in which the parole board supervises a sexually violent predator on lifetime parole whose sentence includes a commitment to the department of correction.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.132; Acts 1979, P.L.120, SEC.11; Acts 1981, P.L.298, SEC.7; P.L.240-1991(ss2), SEC.100; P.L.11-1994, SEC.18; P.L.273-1999, SEC.215; P.L.90-2000, SEC.20; P.L.238-2001, SEC.22; P.L.116-2002, SEC.26; P.L.139-2006, SEC.6; P.L.140-2006, SEC.38, and P.L.173-2006, SEC.38; P.L.1-2007, SEC.237, eff. Mar. 30, 2007; P.L.216-2007, SEC.51; P.L.105-2010, SEC.15.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-2 Discharge from imprisonment for a misdemeanor


Sec. 2. A person imprisoned for a misdemeanor shall be discharged when he completes his fixed term of imprisonment, less the credit time he has earned with respect to that term.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.133.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-3


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-3 Credit time classes


Sec. 3. (a) A person assigned to Class I earns one (1) day of credit time for each day the person is imprisoned for a crime or confined awaiting trial or sentencing.


(b) A person assigned to Class II earns one (1) day of credit time for every two (2) days the person is imprisoned for a crime or confined awaiting trial or sentencing.


(c) A person assigned to Class III earns no credit time.


(d) A person assigned to Class IV earns one (1) day of credit time for every six (6) days the person is imprisoned for a crime or confined awaiting trial or sentencing.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.134; P.L.80-2008, SEC.2.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-3.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-3.3 Credit time for successful completion of educational degree


Sec. 3.3. (a) In addition to any credit time a person earns under subsection (b) or section 3 of this chapter, a person earns credit time if the person:


(1) is in credit Class I;


(2) has demonstrated a pattern consistent with rehabilitation; and


(3) successfully completes requirements to obtain one (1) of the following:


(A) A general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person has not previously obtained a high school diploma.


(B) Except as provided in subsection (n), a high school diploma, if the person has not previously obtained a general educational development (GED) diploma.


(C) An associate's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).


(D) A bachelor's degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).


(b) In addition to any credit time that a person earns under subsection (a) or section 3 of this chapter, a person may earn credit time if, while confined by the department of correction, the person:


(1) is in credit Class I;


(2) demonstrates a pattern consistent with rehabilitation; and


(3) successfully completes requirements to obtain at least one (1) of the following:


(A) A certificate of completion of a career and technical education program approved by the department of correction.


(B) A certificate of completion of a substance abuse program approved by the department of correction.


(C) A certificate of completion of a literacy and basic life skills program approved by the department of correction.


(D) A certificate of completion of a reformative program approved by the department of correction.


(c) The department of correction shall establish admissions criteria and other requirements for programs available for earning credit time under subsection (b). A person may not earn credit time under both subsections (a) and (b) for the same program of study.


(d) The amount of credit time a person may earn under this section is the following:


(1) Six (6) months for completion of a state of Indiana general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18.


(2) One (1) year for graduation from high school.


(3) One (1) year for completion of an associate's degree.


(4) Two (2) years for completion of a bachelor's degree.


(5) Not more than a total of six (6) months of credit, as determined by the department of correction, for the completion of one (1) or more career and technical education programs approved by the department of correction.


(6) Not more than a total of six (6) months of credit, as determined by the department of correction, for the completion of one (1) or more substance abuse programs approved by the department of correction.


(7) Not more than a total of six (6) months credit, as determined by the department of correction, for the completion of one (1) or more literacy and basic life skills programs approved by the department of correction.


(8) Not more than a total of six (6) months credit time, as determined by the department of correction, for completion of one (1) or more reformative programs approved by the department of correction. However, a person who is serving a sentence for an offense listed under IC 11-8-8-4.5 may not earn credit time under this subdivision.


However, a person who does not have a substance abuse problem that qualifies the person to earn credit in a substance abuse program may earn not more than a total of twelve (12) months of credit, as determined by the department of correction, for the completion of one (1) or more career and technical education programs approved by the department of correction. If a person earns more than six (6) months of credit for the completion of one (1) or more career and technical education programs, the person is ineligible to earn credit for the completion of one (1) or more substance abuse programs.


(e) Credit time earned by a person under this section is subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person.


(f) A person does not earn credit time under subsection (a) unless the person completes at least a portion of the degree requirements after June 30, 1993.


(g) A person does not earn credit time under subsection (b) unless the person completes at least a portion of the program requirements after June 30, 1999.


(h) Credit time earned by a person under subsection (a) for a diploma or degree completed before July 1, 1999, shall be subtracted from:


(1) the release date that would otherwise apply to the person after subtracting all other credit time earned by the person, if the person has not been convicted of an offense described in subdivision (2); or


(2) the period of imprisonment imposed on the person by the sentencing court, if the person has been convicted of one (1) of the following crimes:


(A) Rape (IC 35-42-4-1).


(B) Criminal deviate conduct (IC 35-42-4-2).


(C) Child molesting (IC 35-42-4-3).


(D) Child exploitation (IC 35-42-4-4(b)).


(E) Vicarious sexual gratification (IC 35-42-4-5).


(F) Child solicitation (IC 35-42-4-6).


(G) Child seduction (IC 35-42-4-7).


(H) Sexual misconduct with a minor as a Class A felony, Class B felony, or Class C felony (IC 35-42-4-9).


(I) Incest (IC 35-46-1-3).


(J) Sexual battery (IC 35-42-4-8).


(K) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.


(L) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.


(M) An attempt or a conspiracy to commit a crime listed in clauses (A) through (L).


(i) The maximum amount of credit time a person may earn under this section is the lesser of:


(1) four (4) years; or


(2) one-third (   1/3 ) of the person's total applicable credit time.


(j) Credit time earned under this section by an offender serving a sentence for a felony against a person under IC 35-42 or for a crime listed in IC 11-8-8-5 shall be reduced to the extent that application of the credit time would otherwise result in:


(1) postconviction release (as defined in IC 35-40-4-6); or


(2) assignment of the person to a community transition program;


in less than forty-five (45) days after the person earns the credit time.


(k) A person may earn credit time for multiple degrees at the same education level under subsection (d) only in accordance with guidelines approved by the department of correction. The department of correction may approve guidelines for proper sequence of education degrees under subsection (d).


(l) A person may not earn credit time:


(1) for a general educational development (GED) diploma if the person has previously earned a high school diploma; or


(2) for a high school diploma if the person has previously earned a general educational development (GED) diploma.


(m) A person may not earn credit time under this section if the person:


(1) commits an offense listed in IC 11-8-8-4.5 while the person is required to register as a sex or violent offender under IC 11-8-8-7; and


(2) is committed to the department of correction after being convicted of the offense listed in IC 11-8-8-4.5.


(n) For a person to earn credit time under subsection (a)(3)(B) for successfully completing the requirements for a high school diploma through correspondence courses, each correspondence course must be approved by the department before the person begins the correspondence course. The department may approve a correspondence course only if the entity administering the course is recognized and accredited by the department of education in the state where the entity is located.



CREDIT(S)


As added by P.L.243-1993, SEC.2. Amended by P.L.149-1995, SEC.17; P.L.148-1995, SEC.7; P.L.183-1999, SEC.3; P.L.243-1999, SEC.3; P.L.14-2000, SEC.78; P.L.90-2000, SEC.21; P.L.164-2003, SEC.1; P.L.1-2005, SEC.229; P.L.2-2007, SEC.380; P.L.234-2007, SEC.171; P.L.80-2008, SEC.3; P.L.42-2010, SEC.2; P.L.7-2011, SEC.25, eff. April 1, 2011; P.L.228-2011, SEC.2; P.L.147-2012, SEC.11.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-4


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-4 Credit time assignments


Sec. 4. (a) A person who is not a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class I.


(b) A person who is a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class IV. A credit restricted felon may not be assigned to Class I or Class II.


(c) A person who is not assigned to Class IV may be reassigned to Class II or Class III if the person violates any of the following:


(1) A rule of the department of correction.


(2) A rule of the penal facility in which the person is imprisoned.


(3) A rule or condition of a community transition program.


However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a lower credit time class, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.


(d) A person who is assigned to Class IV may be reassigned to Class III if the person violates any of the following:


(1) A rule of the department of correction.


(2) A rule of the penal facility in which the person is imprisoned.


(3) A rule or condition of a community transition program.


However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to Class III, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.


(e) In connection with the hearing granted under subsection (c) or (d), the person is entitled to:


(1) have not less than twenty-four (24) hours advance written notice of the date, time, and place of the hearing, and of the alleged misconduct and the rule the misconduct is alleged to have violated;


(2) have reasonable time to prepare for the hearing;


(3) have an impartial decisionmaker;


(4) appear and speak in the person's own behalf;


(5) call witnesses and present evidence;


(6) confront and cross-examine each witness, unless the hearing authority finds that to do so would subject a witness to a substantial risk of harm;


(7) have the assistance of a lay advocate (the department may require that the advocate be an employee of, or a fellow prisoner in, the same facility or program);


(8) have a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken;


(9) have immunity if the person's testimony or any evidence derived from the person's testimony is used in any criminal proceedings; and


(10) have the person's record expunged of any reference to the charge if the person is found not guilty or if a finding of guilt is later overturned.


Any finding of guilt must be supported by a preponderance of the evidence presented at the hearing.


(f) A person may be reassigned from Class III to Class I, Class II, or Class IV, or from Class II to Class I. A person's assignment to Class III or Class II shall be reviewed at least once every six (6) months to determine if the person should be reassigned to a higher credit time class. A credit restricted felon may not be reassigned to Class I or Class II.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.135; Acts 1979, P.L.120, SEC.12; P.L.90-2000, SEC.22; P.L.80-2008, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-5


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-5 Deprivation of credit time


Sec. 5. (a) A person may, with respect to the same transaction, be deprived of any part of the credit time the person has earned for any of the following:


(1) A violation of one (1) or more rules of the department of correction.


(2) If the person is not committed to the department, a violation of one (1) or more rules of the penal facility in which the person is imprisoned.


(3) A violation of one (1) or more rules or conditions of a:


(A) community transition program; or


(B) community corrections program.


(4) If a court determines that a civil claim brought by the person in a state or an administrative court is frivolous, unreasonable, or groundless.


(5) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to register before being released from the department as required under IC 11-8-8-7.


(6) If the person is a sex offender (as defined in IC 11-8-8-5) and refuses to participate in a sex offender treatment program specifically offered to the sex offender by the department of correction while the person is serving a period of incarceration with the department of correction.


However, the violation of a condition of parole or probation may not be the basis for deprivation. Whenever a person is deprived of credit time, the person may also be reassigned to Class II (if the person is not a credit restricted felon) or Class III.


(b) Before a person may be deprived of earned credit time, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether deprivation of earned credit time is an appropriate disciplinary action for the violation. In connection with the hearing, the person is entitled to the procedural safeguards listed in section 4(e) of this chapter. The person may waive the person's right to the hearing.


(c) Any part of the credit time of which a person is deprived under this section may be restored.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.136; Acts 1979, P.L.120, SEC.13; P.L.146-1995, SEC.6; P.L.90-2000, SEC.23; P.L.140-2006, SEC.39, and P.L.173-2006, SEC.39; P.L.80-2008, SEC.5; P.L.105-2010, SEC.16.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-5.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-5.5 Credit time appeals


Sec. 5.5. A person who has been reassigned to a lower credit time class or has been deprived of earned credit time may appeal the decision to the commissioner of the department of correction or the sheriff.



CREDIT(S)


As added by Acts 1979, P.L.120, SEC.14. Amended by P.L.204-1986, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-6 Degree of security, parole or probation; imprisonment upon revocation of parole; days spent on parole outside institution


Sec. 6. (a) A person imprisoned for a crime earns credit time irrespective of the degree of security to which he is assigned. Except as set forth under IC 35-38-2.5.-5, a person does not earn credit time while on parole or probation.


(b) A person imprisoned upon revocation of parole is initially assigned to the same credit time class to which he was assigned at the time he was released on parole.


(c) A person who, upon revocation of parole, is imprisoned on an intermittent basis does not earn credit time for the days he spends on parole outside the institution.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.137; Acts 1979, P.L.120, SEC.15; P.L.166-2001, SEC.4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-7 Charge of new crime or violation of rule while confined; effect on credit time; assignment to Class III


Sec. 7. (a) A person under the control of a county detention facility or the department of correction who:


(1) has been charged with a new crime while confined; or


(2) has allegedly violated a rule of the department or county facility;


may be immediately assigned to Class III and may have all earned credit time suspended pending disposition of the allegation.


(b) A person assigned to Class III under subsection (a) shall be denied release on parole or discharge until:


(1) he is in the actual custody of the department or the county detention facility to which he was sentenced; and


(2) he is granted a hearing concerning the allegations.


The department or sheriff may waive the hearing if the person is restored to his former credit time class and receives all previously earned credit time and any credit time that he would have earned if he had not been assigned to Class III.


(c) A person who is assigned to Class III under subsection (a) and later found not guilty of the alleged misconduct shall have all earned credit time restored and shall be reassigned to the same credit time class that he was in before his assignment to Class III. In addition, the person shall be credited with any credit time that he would have earned if he had not been assigned to Class III.



CREDIT(S)


As added by P.L.338-1983, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-6-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 6. Release from Imprisonment and Credit Time

35-50-6-8 Credit time during life imprisonment without parole


Sec. 8. A person serving a sentence of life imprisonment without parole does not earn credit time under this chapter.



CREDIT(S)


As added by P.L.53-2005, SEC.3.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-1 Applicability of chapter


Sec. 1. This chapter applies when a person is placed on probation after being convicted of an offense.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-2 Power of court to prohibit entry to area where offense committed


Sec. 2. The court that places a person on probation following conviction may issue an order, reasonable in scope, under this chapter that prohibits the person from entering the:


(1) area or property where an offense was committed by the person; and


(2) area immediately surrounding the area or property where an offense was committed by the person.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-3 Specificity


Sec. 3. An order issued under this chapter must describe the area or property that the person is prohibited from entering with sufficient specificity to:


(1) allow the person to guide the person's conduct accordingly; and


(2) enable a law enforcement officer to enforce the order.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-4 Power of court to allow limited re-entry


Sec. 4. A court that issues an order under this chapter may:


(1) allow a person to return to the person's residential premises to pick up personal belongings and effects;


(2) restrict the time and duration of the person's return; and


(3) provide for supervision of the person's return by a law enforcement officer.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-5 Copy to defendant


Sec. 5. A person shall be given a copy of an order issued under this chapter concerning the person and shall acknowledge the receipt of the order in writing.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-6 Notice; persons entitled to


Sec. 6. The court shall provide notice of an order issued under this chapter to:


(1) the law enforcement agency that arrested the person; and


(2) the prosecuting attorney.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-7 Notices; stayed, modified, and vacated orders


Sec. 7. A court shall immediately notify all appropriate law enforcement agencies when an order issued under this chapter is stayed, modified, or vacated.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-8 Power of court to consider evidence of hardship and injustice


Sec. 8. In determining whether to issue an order under this chapter, the court may consider evidence regarding whether the order would:


(1) cause undue hardship to innocent persons; and


(2) constitute a serious injustice that overrides the need to protect the rights, safety, and health of other tenants and residents of the property or area affected by the order.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-7-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 7. Probation Orders

35-50-7-9 Violation


Sec. 9. A person who knowingly or intentionally violates an order issued by a court under this chapter commits a Class C misdemeanor.



CREDIT(S)


As added by P.L.216-1996, SEC.26.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-8-1


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 8. Primary or Secondary School Student Delinquency and Criminal Conviction Information

35-50-8-1 Notice of conviction to school


Sec. 1. (a) If an individual is enrolled in a primary or secondary school, including a public or nonpublic school, and:


(1) is convicted of:


(A) a Class A felony;


(B) a Class B felony;


(C) a Class C felony; or


(D) at least two (2) Class D felonies; or


(2) has been adjudicated as a delinquent child for:


(A) an act that would be:


(i) a Class A felony;


(ii) a Class B felony; or


(iii) a Class C felony; or


(B) acts that would be at least two (2) Class D felonies;


if committed by an adult;


the judge who presided over the trial, accepted the plea agreement, or adjudicated the child a delinquent child shall give written notification of the conviction or adjudication to the chief administrative officer of the primary or secondary school, including a public or nonpublic school, or, if the individual is enrolled in a public school, the superintendent of the school district in which the individual is enrolled.


(b) Notification under subsection (a) must occur within seven (7) days after the conclusion of the trial, the date a plea agreement is accepted, or the date the child is adjudicated a delinquent child.


(c) The notification sent to a school or school district under subsection (a) must include only:


(1) the felony for which the individual was convicted or that the individual would have committed if the individual were an adult; and


(2) the individual's sentence or juvenile law disposition.


(d) If the court later modifies the individual's sentence or juvenile law disposition after giving notice under this section, the court shall notify the school or the school district in which the individual is enrolled of the sentence or disposition modification.



CREDIT(S)


As added by P.L.67-2007, SEC.7.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-50-9-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 50. Sentences

Chapter 9. Additional Sentence Requirements for Domestic Battery Convictions

35-50-9-1 Completion of batterer’s intervention program


Sec. 1. (a) At the time of sentencing for a person convicted of domestic battery under IC 35-42-2-1.3 or a crime that involved domestic abuse, neglect, or violence, the court may require the person to complete a batterer's intervention program approved by the court.


(b) The person convicted of domestic battery or another crime described in subsection (a) shall pay all expenses of the batterer's intervention program.


(c) The batterer's intervention program must be an intervention program certified by the Indiana coalition against domestic violence.



CREDIT(S)


As added by P.L.94-2010, SEC.14. Amended by P.L.162-2011, SEC.59.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-1-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 1. Scope of Article

35-51-1-1 Limitations in scope of article


Sec. 1. This article is not intended to be an exhaustive compilation of all criminal statutes codified outside IC 35 in the Indiana Code. Other criminal statutes may be found in IC 35 and other provisions of the Indiana Code.



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-2-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 2. IC 2 Criminal Statutes

35-51-2-1 List of sections


Sec. 1. The following statutes define crimes in IC 2:


IC 2-4-1-4 (Concerning legislative investigations).


IC 2-7-6-2 (Concerning lobbying).


IC 2-7-6-3 (Concerning lobbying).


IC 2-7-6-4 (Concerning lobbying).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-3-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 3. IC 3 Criminal Statutes

35-51-3-1 List of sections


Sec. 1. The following statutes define crimes in IC 3:


IC 3-14-1-1 (Concerning elections).


IC 3-14-1-2 (Concerning elections).


IC 3-14-1-3 (Concerning elections).


IC 3-14-1-6 (Concerning elections).


IC 3-14-1-7 (Concerning elections).


IC 3-14-1-10 (Concerning elections).


IC 3-14-1-10.5 (Concerning elections).


IC 3-14-1-11 (Concerning elections).


IC 3-14-1-13 (Concerning elections).


IC 3-14-1-14 (Concerning elections).


IC 3-14-1-14.5 (Concerning elections).


IC 3-14-2-1 (Concerning voting).


IC 3-14-2-2 (Concerning voting).


IC 3-14-2-2.5 (Concerning voting).


IC 3-14-2-3 (Concerning voting).


IC 3-14-2-4 (Concerning voting).


IC 3-14-2-5 (Concerning voting).


IC 3-14-2-6 (Concerning voting).


IC 3-14-2-7 (Concerning voting).


IC 3-14-2-8 (Concerning voting).


IC 3-14-2-9 (Concerning voting).


IC 3-14-2-10 (Concerning voting).


IC 3-14-2-11 (Concerning voting).


IC 3-14-2-12 (Concerning voting).


IC 3-14-2-13 (Concerning voting).


IC 3-14-2-14 (Concerning voting).


IC 3-14-2-15 (Concerning voting).


IC 3-14-2-16 (Concerning voting).


IC 3-14-2-17 (Concerning voting).


IC 3-14-2-18 (Concerning voting).


IC 3-14-2-19 (Concerning voting).


IC 3-14-2-20 (Concerning voting).


IC 3-14-2-21 (Concerning voting).


IC 3-14-2-22 (Concerning voting).


IC 3-14-2-23 (Concerning voting).


IC 3-14-2-24 (Concerning voting).


IC 3-14-2-25 (Concerning voting).


IC 3-14-2-26 (Concerning voting).


IC 3-14-2-27 (Concerning voting).


IC 3-14-2-28 (Concerning voting).


IC 3-14-2-29 (Concerning voting).


IC 3-14-2-30 (Concerning voting).


IC 3-14-3-1.1 (Concerning voting).


IC 3-14-3-2 (Concerning voting).


IC 3-14-3-3 (Concerning voting).


IC 3-14-3-4 (Concerning voting).


IC 3-14-3-5 (Concerning voting).


IC 3-14-3-6 (Concerning voting).


IC 3-14-3-7 (Concerning voting).


IC 3-14-3-8 (Concerning voting).


IC 3-14-3-9 (Concerning voting).


IC 3-14-3-10 (Concerning voting).


IC 3-14-3-11 (Concerning voting).


IC 3-14-3-12 (Concerning voting).


IC 3-14-3-13 (Concerning voting).


IC 3-14-3-14 (Concerning voting).


IC 3-14-3-15 (Concerning voting).


IC 3-14-3-16 (Concerning voting).


IC 3-14-3-17 (Concerning voting).


IC 3-14-3-18 (Concerning voting).


IC 3-14-3-19 (Concerning voting).


IC 3-14-3-20 (Concerning voting).


IC 3-14-3-20.5 (Concerning voting).


IC 3-14-3-21 (Concerning voting).


IC 3-14-3-21.5 (Concerning voting).


IC 3-14-4-1 (Concerning elections).


IC 3-14-4-2 (Concerning elections).


IC 3-14-4-3 (Concerning elections).


IC 3-14-4-3.5 (Concerning elections).


IC 3-14-4-4 (Concerning elections).


IC 3-14-4-6 (Concerning elections).


IC 3-14-4-7 (Concerning elections).


IC 3-14-4-8 (Concerning elections).


IC 3-14-4-9 (Concerning elections).


IC 3-14-4-10 (Concerning elections).


IC 3-14-6-1.1 (Concerning elections).


IC 3-14-6-2 (Concerning elections).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-4-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 4. IC 4 Criminal Statutes

35-51-4-1 List of sections


Sec. 1. The following statutes define crimes in IC 4:


IC 4-1-10-8 (Concerning state agencies).


IC 4-1-10-9 (Concerning state agencies).


IC 4-2-7-8 (Concerning the inspector general).


IC 4-4-27-8 (Concerning the inspection of grain).


IC 4-13.6-4-14 (Concerning state public works).


IC 4-21.5-3-36 (Concerning administrative proceedings).


IC 4-21.5-3-37 (Concerning administrative proceedings).


IC 4-30-3-19 (Concerning the lottery).


IC 4-30-3-19.5 (Concerning the lottery).


IC 4-30-3-19.7 (Concerning the lottery).


IC 4-30-12-5 (Concerning the lottery).


IC 4-30-13-1 (Concerning the lottery).


IC 4-30-14-1 (Concerning the lottery).


IC 4-30-14-2 (Concerning the lottery).


IC 4-30-14-3 (Concerning the lottery).


IC 4-30-14-4 (Concerning the lottery).


IC 4-30-14-5 (Concerning horse racing).


IC 4-30-14-6 (Concerning the lottery).


IC 4-31-13-3 (Concerning horse racing).


IC 4-31-13-3.5 (Concerning horse racing).


IC 4-31-13-9 (Concerning horse racing).


IC 4-32.2-8-4 (Concerning charity gaming).


IC 4-33-10-1 (Concerning riverboat gambling).


IC 4-33-10-2 (Concerning riverboat gambling).


IC 4-33-10-2.1 (Concerning riverboat gambling).


IC 4-33-10-2.5 (Concerning riverboat gambling).


IC 4-33-22-14 (Concerning boxing and mixed martial arts).


IC 4-33-22-40 (Concerning boxing and mixed martial arts).


IC 4-35-9-2 (Concerning gambling games at racetracks).


IC 4-35-9-3 (Concerning gambling games at racetracks).


IC 4-35-9-4 (Concerning gambling games at racetracks).


IC 4-35-9-5 (Concerning gambling games at racetracks).


IC 4-36-6-5 (Concerning gambling in certain establishments).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.235, eff. Feb. 22, 2012; P.L.100-2012, SEC.68; P.L.126-2012, SEC.62.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-5-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 5. IC 5 Criminal Statutes

35-51-5-1 List of sections


Sec. 1. The following statutes define crimes in IC 5:


IC 5-1-4-22 (Concerning hospital bonding authorities).


IC 5-2-2-11 (Concerning the law enforcement academy building commission).


IC 5-2-4-7 (Concerning criminal intelligence information).


IC 5-10.4-3-16 (Concerning the Indiana state teacher's retirement fund).


IC 5-11-1-18 (Concerning state board of accounts).


IC 5-15-6-8 (Concerning local public records commissions).


IC 5-16-7-3 (Concerning wage scale of contractor's and subcontractors employees).


IC 5-16-9-5 (Concerning parking for persons with physical disabilities).


IC 5-28-15-7 (Concerning enterprise zones).


IC 5-28-15-8 (Concerning enterprise zones).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.126-2012, SEC.63.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-6-1


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 6. IC 6 Criminal Statutes

35-51-6-1 List of sections


Sec. 1. The following statutes define crimes in IC 6:


IC 6-1.1-5.5-10 (Concerning sales disclosure forms).


IC 6-1.1-37-1 (Concerning officers of the state or local government).


IC 6-1.1-37-2 (Concerning officials or representatives of the department of local government finance).


IC 6-1.1-37-3 (Concerning property tax returns, statements, or documents).


IC 6-1.1-37-4 (Concerning property tax deductions).


IC 6-1.1-37-5 (Concerning false statements on a report or application).


IC 6-1.1-37-6 (Concerning general assessments).


IC 6-2.3-5.5-12 (Concerning utility taxes).


IC 6-2.3-7-1 (Concerning taxes).


IC 6-2.3-7-2 (Concerning taxes).


IC 6-2.3-7-3 (Concerning taxes).


IC 6-2.3-7-4 (Concerning taxes).


IC 6-2.5-9-1 (Concerning taxes).


IC 6-2.5-9-2 (Concerning taxes).


IC 6-2.5-9-3 (Concerning taxes).


IC 6-2.5-9-6 (Concerning taxes).


IC 6-2.5-9-7 (Concerning retail sales).


IC 6-2.5-9-8 (Concerning taxes).


IC 6-3-3-9 (Concerning taxes).


IC 6-3-4-8 (Concerning taxes).


IC 6-3-6-10 (Concerning taxes).


IC 6-3-6-11 (Concerning taxes).


IC 6-3-7-5 (Concerning taxes).


IC 6-3.5-4-16 (Concerning taxes).


IC 6-4.1-12-12 (Concerning taxes).


IC 6-5.5-7-3 (Concerning taxes).


IC 6-5.5-7-4 (Concerning taxes).


IC 6-6-1.1-1307 (Concerning taxes).


IC 6-6-1.1-1308 (Concerning taxes).


IC 6-6-1.1-1309 (Concerning taxes).


IC 6-6-1.1-1310 (Concerning taxes).


IC 6-6-1.1-1311 (Concerning taxes).


IC 6-6-1.1-1312 (Concerning taxes).


IC 6-6-1.1-1313 (Concerning taxes).


IC 6-6-1.1-1316 (Concerning taxes).


IC 6-6-2.5-28 (Concerning taxes).


IC 6-6-2.5-40 (Concerning fuel).


IC 6-6-2.5-56.5 (Concerning fuel).


IC 6-6-2.5-62 (Concerning fuel).


IC 6-6-2.5-63 (Concerning taxes).


IC 6-6-2.5-71 (Concerning taxes).


IC 6-6-5-11 (Concerning taxes).


IC 6-6-5.1-25 (Concerning taxes).


IC 6-6-6-10 (Concerning taxes).


IC 6-6-11-27 (Concerning taxes).


IC 6-7-1-15 (Concerning tobacco taxes).


IC 6-7-1-21 (Concerning tobacco taxes).


IC 6-7-1-22 (Concerning tobacco taxes).


IC 6-7-1-23 (Concerning tobacco taxes).


IC 6-7-1-24 (Concerning tobacco taxes).


IC 6-7-1-36 (Concerning tobacco taxes).


IC 6-7-2-18 (Concerning tobacco taxes).


IC 6-7-2-19 (Concerning tobacco taxes).


IC 6-7-2-20 (Concerning tobacco taxes).


IC 6-7-2-21 (Concerning tobacco taxes).


IC 6-8-1-19 (Concerning petroleum severance taxes).


IC 6-8-1-23 (Concerning petroleum severance taxes).


IC 6-8-1-24 (Concerning petroleum severance taxes).


IC 6-8.1-3-21.2 (Concerning taxes).


IC 6-8.1-7-3 (Concerning taxes).


IC 6-8.1-8-2 (Concerning taxes).


IC 6-8.1-10-4 (Concerning taxes).


IC 6-9-2-5 (Concerning innkeeper's taxes).


IC 6-9-2.5-8 (Concerning innkeeper's taxes).


IC 6-9-4-8 (Concerning innkeeper's taxes).


IC 6-9-6-8 (Concerning innkeeper's taxes).


IC 6-9-7-8 (Concerning innkeeper's taxes).


IC 6-9-10-8 (Concerning innkeeper's taxes).


IC 6-9-10.5-12 (Concerning innkeeper's taxes).


IC 6-9-11-8 (Concerning innkeeper's taxes).


IC 6-9-14-8 (Concerning innkeeper's taxes).


IC 6-9-15-8 (Concerning innkeeper's taxes).


IC 6-9-16-8 (Concerning innkeeper's taxes).


IC 6-9-17-8 (Concerning innkeeper's taxes).


IC 6-9-18-8 (Concerning innkeeper's taxes).


IC 6-9-19-8 (Concerning innkeeper's taxes).


IC 6-9-29-2 (Concerning innkeeper's taxes).


IC 6-9-32-8 (Concerning innkeeper's taxes).


IC 6-9-37-8 (Concerning innkeeper's taxes).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.236, eff. Feb. 22, 2012; P.L.13-2013, SEC.146, eff. April 1, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-7-1


Effective: February 22, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 7. IC 7.1 Criminal Statutes

35-51-7-1 List of sections


Sec. 1. The following statutes define crimes in IC 7.1:


IC 7.1-3-10-10 (Concerning liquor dealer's permits).


IC 7.1-3-26-15 (Concerning direct wine seller's permits).


IC 7.1-5-1-3 (Concerning public intoxication).


IC 7.1-5-1-6 (Concerning public intoxication).


IC 7.1-5-1-8 (Concerning alcohol).


IC 7.1-5-1-9 (Concerning alcohol).


IC 7.1-5-1-9.5 (Concerning alcohol).


IC 7.1-5-1-12 (Concerning alcohol).


IC 7.1-5-4-1 (Concerning alcohol).


IC 7.1-5-6-1 (Concerning alcohol).


IC 7.1-5-7-1 (Concerning alcohol).


IC 7.1-5-7-2 (Concerning alcohol).


IC 7.1-5-7-7 (Concerning alcohol).


IC 7.1-5-7-8 (Concerning alcohol).


IC 7.1-5-7-10 (Concerning alcohol).


IC 7.1-5-7-12 (Concerning alcohol).


IC 7.1-5-7-14 (Concerning alcohol).


IC 7.1-5-8-1 (Concerning alcohol and tobacco).


IC 7.1-5-8-3 (Concerning alcohol).


IC 7.1-5-8-5 (Concerning alcohol).


IC 7.1-5-8-6 (Concerning alcohol).


IC 7.1-5-10-10 (Concerning alcohol).


IC 7.1-5-10-21 (Concerning alcohol).


IC 7.1-5-10-23 (Concerning alcohol).


IC 7.1-5-11-5 (Concerning alcohol).


IC 7.1-5-11-16 (Concerning alcohol).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.237, eff. Feb. 22, 2012.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-8-1


Effective: February 22, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 8. IC 8 Criminal Statutes

35-51-8-1 List of sections


Sec. 1. The following statutes define crimes in IC 8:


IC 8-1-2-79 (Concerning utilities).


IC 8-1-2-102 (Concerning utilities).


IC 8-1-2-103 (Concerning utilities).


IC 8-2-3-1 (Concerning fraudulent bills of lading).


IC 8-2.1-22-46 (Concerning motor carrier regulation).


IC 8-2.1-25-7 (Concerning motor carrier regulation).


IC 8-3-15-3 (Concerning railroads).


IC 8-10-1-23 (Concerning ports).


IC 8-10-1-29 (Concerning ports).


IC 8-15.5-13-8 (Concerning prohibited political contributions).


IC 8-15.7-16-8 (Concerning prohibited political contributions).


IC 8-21-1-12 (Concerning aeronautics).


IC 8-21-2-5 (Concerning aeronautics).


IC 8-21-4-8 (Concerning aeronautics).


IC 8-21-4-9 (Concerning aeronautics).


IC 8-21-9-35 (Concerning aeronautics).


IC 8-22-2-20 (Concerning aeronautics).


IC 8-23-20-22 (Concerning billboards).


IC 8-23-23-3 (Concerning Indiana department of transportation inspectors).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.238, eff. Feb. 22, 2012.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-9-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 9. IC 9 Criminal Statutes

35-51-9-1 List of sections


Sec. 1. The following statutes define crimes in IC 9:


IC 9-14-3.5-15 (Concerning bureau of motor vehicles).


IC 9-14-5-9 (Concerning parking placards for persons with physical disabilities).


IC 9-17-2-15 (Concerning certificates of title).


IC 9-17-2-16 (Concerning certificates of title).


IC 9-17-3-3.2 (Concerning certificates of title).


IC 9-17-3-7 (Concerning certificates of title).


IC 9-17-4-6 (Concerning certificates of title).


IC 9-18-2-42 (Concerning motor vehicle registration and license plates).


IC 9-18-2-44 (Concerning motor vehicle registration and license plates).


IC 9-18-2-45 (Concerning motor vehicle registration and license plates).


IC 9-18-4-8 (Concerning motor vehicle registration and license plates).


IC 9-18-8-11 (Concerning motor vehicle registration and license plates).


IC 9-18-8-12 (Concerning motor vehicle registration and license plates).


IC 9-18-8-13 (Concerning motor vehicle registration and license plates).


IC 9-18-8-14 (Concerning motor vehicle registration and license plates).


IC 9-18-8-15 (Concerning motor vehicle registration and license plates).


IC 9-18-13-9 (Concerning motor vehicle registration and license plates).


IC 9-18-22-6 (Concerning motor vehicle registration and license plates).


IC 9-18-26-11 (Concerning motor vehicle registration and license plates).


IC 9-18-26-13 (Concerning motor vehicle registration and license plates).


IC 9-18-27-9 (Concerning motor vehicle registration and license plates).


IC 9-19-9-5 (Concerning motor vehicle equipment).


IC 9-19-10.5-4 (Concerning motor vehicle equipment).


IC 9-19-10.5-5 (Concerning motor vehicle equipment).


IC 9-20-18-4 (Concerning motor vehicle size and weight regulation).


IC 9-21-5-13 (Concerning traffic regulation).


IC 9-21-6-3 (Concerning traffic regulation).


IC 9-21-8-50 (Concerning traffic regulation).


IC 9-21-8-52 (Concerning traffic regulation).


IC 9-21-8-55 (Concerning traffic regulation).


IC 9-21-8-56 (Concerning traffic regulation).


IC 9-21-8-58 (Concerning traffic regulation).


IC 9-21-12-9 (Concerning traffic regulation).


IC 9-21-12-11 (Concerning traffic regulation).


IC 9-22-1-21.5 (Concerning liens for vehicles).


IC 9-22-3-31 (Concerning abandoned, salvaged, and scrap vehicles).


IC 9-22-3-32 (Concerning abandoned, salvaged, and scrap vehicles).


IC 9-22-3-33 (Concerning abandoned, salvaged, and scrap vehicles).


IC 9-22-6-3 (Concerning mechanic's liens for vehicles).


IC 9-23-6-1 (Concerning vehicle manufacturers, distributors, and dealers).


IC 9-24-1-8 (Concerning driver's licenses).


IC 9-24-6-16 (Concerning driver's licenses).


IC 9-24-6-17 (Concerning driver's licenses).


IC 9-24-11-8 (Concerning driver's licenses).


IC 9-24-15-11 (Concerning driver's licenses).


IC 9-24-16-12 (Concerning driver's licenses).


IC 9-24-16-13 (Concerning driver's licenses).


IC 9-24-18-1 (Concerning driver's licenses).


IC 9-24-18-2 (Concerning driver's licenses).


IC 9-24-18-7 (Concerning driver's licenses).


IC 9-24-19-2 (Concerning driver's licenses).


IC 9-24-19-3 (Concerning driver's licenses).


IC 9-24-19-4 (Concerning driver's licenses).


IC 9-25-6-18 (Concerning financial responsibility).


IC 9-25-8-2 (Concerning financial responsibility).


IC 9-26-1-8 (Concerning accidents and accident reports).


IC 9-26-1-9 (Concerning accidents and accident reports).


IC 9-26-6-4 (Concerning accidents and accident reports).


IC 9-30-4-7 (Concerning licenses and registrations).


IC 9-30-4-8 (Concerning licenses and registrations).


IC 9-30-4-13 (Concerning licenses and registrations).


IC 9-30-5-1 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-2 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-3 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-4 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-5 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-7 (Concerning operating a vehicle while intoxicated).


IC 9-30-5-8 (Concerning operating a vehicle while intoxicated).


IC 9-30-6-8.7 (Concerning implied consent).


IC 9-30-9-7.5 (Concerning alcohol abuse deterrent programs).


IC 9-30-10-16 (Concerning habitual violator of traffic laws).


IC 9-30-10-17 (Concerning habitual violator of traffic laws).


IC 9-30-10-17.5 (Concerning habitual violator of traffic laws).


IC 9-31-2-26 (Concerning watercraft titling and registration).


IC 9-31-2-27 (Concerning watercraft titling and registration).


IC 9-31-2-28 (Concerning watercraft titling and registration).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.125-2012, SEC.417.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-10-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 10. IC 10 Criminal Statutes

35-51-10-1 List of sections


Sec. 1. The following statutes define crimes in IC 10:


IC 10-13-2-12 (Concerning state police data and information programs).


IC 10-13-3-27 (Concerning state police data and information programs).


IC 10-13-6-22 (Concerning state police data and information programs).


IC 10-14-3-34 (Concerning emergency management).


IC 10-14-4-12 (Concerning emergency management).


IC 10-16-7-4 (Concerning Indiana military code).


IC 10-16-7-15 (Concerning Indiana military code).


IC 10-18-1-38 (Concerning war memorials).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-11-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 11. IC 11 Criminal Statutes

35-51-11-1 List of sections


Sec. 1. The following statutes define crimes in IC 11:


IC 11-8-8-15 (Concerning sex offender registration).


IC 11-8-8-17 (Concerning sex offender registration).


IC 11-8-8-18 (Concerning sex offender registration).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-12-1


Effective: February 22, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 12. IC 12 Criminal Statutes

35-51-12-1 List of sections


Sec. 1. The following statutes define crimes in IC 12:


IC 12-10-13-20 (Concerning long term care ombudsman program).


IC 12-11-13-16 (Concerning statewide waiver ombudsman).


IC 12-13-14-4.5 (Concerning electronic benefits transfer).


IC 12-14-22-8 (Concerning family assistance services).


IC 12-15-24-2 (Concerning Medicaid).


IC 12-15-35-44 (Concerning Medicaid).


IC 12-17.2-4-35 (Concerning day care regulation).


IC 12-17.2-5-35 (Concerning day care regulation).


IC 12-17.6-6-12 (Concerning children's health insurance program).


IC 12-20-7-6 (Concerning township assistance).


IC 12-20-25-55 (Concerning township assistance).


IC 12-24-17-3 (Concerning state institutions).


IC 12-24-17-6 (Concerning state institutions).


IC 12-24-17-7 (Concerning state institutions).


IC 12-32-1-7 (Concerning verifications of eligibility for public benefits).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.239, eff. Feb. 22, 2012.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-13-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 13. IC 13 Criminal Offenses

35-51-13-1 List of sections


Sec. 1. The following statutes define crimes in IC 13:


IC 13-18-8-9 (Concerning water pollution control).


IC 13-18-13-31 (Concerning water pollution control).


IC 13-18-21-31 (Concerning water pollution control).


IC 13-19-5-17 (Concerning environmental remediation revolving loan program).


IC 13-20-13-17 (Concerning solid waste management).


IC 13-20-22-19 (Concerning solid waste management).


IC 13-20-22-20 (Concerning solid waste management).


IC 13-20-22-21 (Concerning solid waste management).


IC 13-23-7-9 (Concerning underground storage tanks).


IC 13-23-9-6 (Concerning underground storage tanks).


IC 13-25-4-28 (Concerning hazardous substances).


IC 13-29-1-14 (Concerning Midwest Interstate Compact on Low-Level Radioactive Waste).


IC 13-30-10-1 (Concerning the environment).


IC 13-30-10-1.5 (Concerning the environment).


IC 13-30-10-5 (Concerning the environment).


IC 13-30-10-6 (Concerning the environment).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-14-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 14. IC 14 Criminal Statutes

35-51-14-1 List of sections


Sec. 1. The following statutes define crimes in IC 14:


IC 14-9-8-19 (Concerning the department of natural resources).


IC 14-15-3-31 (Concerning watercraft).


IC 14-15-4-4 (Concerning watercraft accidents).


IC 14-15-9-8 (Concerning divers).


IC 14-15-11-11 (Concerning motorboat operators).


IC 14-15-12-13 (Concerning personal watercraft).


IC 14-16-1-29 (Concerning off-road vehicles).


IC 14-17-4-8 (Concerning property acquisition).


IC 14-21-1-16 (Concerning historic preservation and archeology).


IC 14-21-1-26 (Concerning historic preservation and archeology).


IC 14-21-1-26.5 (Concerning historic preservation and archeology).


IC 14-21-1-27 (Concerning historic preservation and archeology).


IC 14-21-1-28 (Concerning historic preservation and archeology).


IC 14-21-1-36 (Concerning historic preservation and archeology).


IC 14-21-2-5 (Concerning historic preservation and archeology).


IC 14-22-13-10 (Concerning commercial fishing licenses).


IC 14-22-17-4 (Concerning fish and wildlife).


IC 14-22-32-3 (Concerning fish and wildlife).


IC 14-22-34-12 (Concerning fish and wildlife).


IC 14-22-37-2 (Concerning fish and wildlife).


IC 14-22-37-3 (Concerning fish and wildlife).


IC 14-22-38-1 (Concerning fish and wildlife).


IC 14-22-38-3 (Concerning fish and wildlife).


IC 14-22-38-6 (Concerning fish and wildlife).


IC 14-22-40-6 (Concerning fish and wildlife).


IC 14-23-7-5 (Concerning forestry).


IC 14-24-11-4 (Concerning entomology and plant pathology).


IC 14-26-7-8 (Concerning lakes and reservoirs).


IC 14-27-6-52 (Concerning levees, dams, and drainage).


IC 14-29-8-5 (Concerning rivers, streams, and waterways).


IC 14-31-3-15 (Concerning nature preserves).


IC 14-31-3-16 (Concerning nature preserves).


IC 14-31-3-17 (Concerning nature preserves).


IC 14-31-3-19 (Concerning nature preserves).


IC 14-31-3-20 (Concerning nature preserves).


IC 14-31-3-21 (Concerning nature preserves).


IC 14-34-2-6 (Concerning surface coal mining and reclamation).


IC 14-34-16-6 (Concerning surface coal mining and reclamation).


IC 14-34-16-7 (Concerning surface coal mining and reclamation).


IC 14-37-13-6 (Concerning oil and gas).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.6-2012, SEC.240, eff. Feb. 22, 2012; P.L.40-2012, SEC.22.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-15-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 15. IC 15 Criminal Statutes

35-51-15-1 List of sections


Sec. 1. The following statutes define crimes in IC 15:


IC 15-11-8-8 (Concerning Indiana department of agriculture).


IC 15-12-1-38 (Concerning agricultural cooperatives).


IC 15-15-1-37 (Concerning horticulture products).


IC 15-15-9-8 (Concerning horticulture products).


IC 15-16-1-14 (Concerning horticulture control).


IC 15-16-2-49.5 (Concerning horticulture control).


IC 15-16-4-77 (Concerning horticulture control).


IC 15-16-4-78 (Concerning horticulture control).


IC 15-16-5-70 (Concerning horticulture control).


IC 15-17-5-24 (Concerning animal health and animal products).


IC 15-17-5-25 (Concerning animal health and animal products).


IC 15-17-5-30 (Concerning animal health and animal products).


IC 15-17-5-31 (Concerning animal health and animal products).


IC 15-17-5.5-4 (Concerning animal health and animal products).


IC 15-17-14-11 (Concerning animal health and animal products).


IC 15-17-16-9 (Concerning animal health and animal products).


IC 15-17-18-1 (Concerning animal health and animal products).


IC 15-17-18-2 (Concerning animal health and animal products).


IC 15-17-18-3 (Concerning animal health and animal products).


IC 15-17-18-4 (Concerning animal health and animal products).


IC 15-17-18-5 (Concerning animal health and animal products).


IC 15-17-18-6 (Concerning animal health and animal products).


IC 15-17-18-7 (Concerning animal health and animal products).


IC 15-17-18-8 (Concerning animal health and animal products).


IC 15-17-18-9 (Concerning animal health and animal products).


IC 15-17-18-11 (Concerning animal health and animal products).


IC 15-18-1-33 (Concerning dairy products).


IC 15-18-2-35 (Concerning dairy products).


IC 15-18-5-32 (Concerning dairy products).


IC 15-19-3-4 (Concerning livestock).


IC 15-19-3-5 (Concerning livestock).


IC 15-19-5-8 (Concerning livestock).


IC 15-19-6-19 (Concerning livestock).


IC 15-19-6-20 (Concerning livestock).


IC 15-19-6-21 (Concerning livestock).


IC 15-19-6-22 (Concerning livestock).


IC 15-19-7-46 (Concerning livestock).


IC 15-20-1-4 (Concerning animal control).


IC 15-20-1-5 (Concerning animal control).


IC 15-21-2-3 (Concerning commercial dog breeder regulation).


IC 15-21-3-1 (Concerning commercial dog breeder regulation).


IC 15-21-3-2 (Concerning commercial dog breeder regulation).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-16-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 16. IC 16 Criminal Statutes

35-51-16-1 List of sections


Sec. 1. The following statutes define crimes in IC 16:


IC 16-19-12-1 (Concerning the state department of health).


IC 16-20-9-1 (Concerning local health departments).


IC 16-21-2-2.5 (Concerning licensure of hospitals).


IC 16-21-5-3 (Concerning licensure of hospitals).


IC 16-21-6-12 (Concerning hospital financial disclosure law).


IC 16-21-7-5 (Concerning hospitals).


IC 16-25-5-8 (Concerning hospices).


IC 16-25-6-1 (Concerning hospices).


IC 16-27-1-15 (Concerning home health agencies).


IC 16-27-2-3 (Concerning home health agencies).


IC 16-27-4-23 (Concerning home health agencies).


IC 16-28-7-5 (Concerning monitors).


IC 16-28-9-3 (Concerning monitors).


IC 16-28-9-4 (Concerning monitors).


IC 16-28-9-5 (Concerning monitors).


IC 16-30-5-1 (Concerning health planning).


IC 16-31-3-16 (Concerning emergency medical services).


IC 16-31-3-22 (Concerning emergency medical services).


IC 16-31-10-2 (Concerning emergency medical services).


IC 16-34-2-5 (Concerning abortion).


IC 16-34-2-6 (Concerning abortion).


IC 16-34-2-7 (Concerning abortion).


IC 16-36-4-15 (Concerning medical consent).


IC 16-36-4-16 (Concerning medical consent).


IC 16-36-5-27 (Concerning medical consent).


IC 16-36-5-28 (Concerning medical consent).


IC 16-37-1-12 (Concerning vital statistics).


IC 16-37-1-13 (Concerning vital statistics).


IC 16-37-2-2.1 (Concerning vital statistics).


IC 16-37-2-19 (Concerning vital statistics).


IC 16-37-3-16 (Concerning vital statistics).


IC 16-38-5-4 (Concerning health registries).


IC 16-39-7.1-3 (Concerning health records).


IC 16-39-7.1-6 (Concerning health records).


IC 16-41-1-3 (Concerning communicable diseases).


IC 16-41-2-9 (Concerning communicable diseases).


IC 16-41-3-3 (Concerning communicable diseases).


IC 16-41-4-3 (Concerning communicable diseases).


IC 16-41-5-3 (Concerning communicable diseases).


IC 16-41-6-3 (Concerning communicable diseases).


IC 16-41-7-5 (Concerning communicable diseases).


IC 16-41-8-1 (Concerning communicable diseases).


IC 16-41-8-3 (Concerning communicable diseases).


IC 16-41-8-5 (Concerning communicable diseases).


IC 16-41-9-1.5 (Concerning communicable diseases).


IC 16-41-10-5 (Concerning communicable diseases).


IC 16-41-10-7 (Concerning communicable diseases).


IC 16-41-12-13 (Concerning communicable diseases).


IC 16-41-12-14 (Concerning communicable diseases).


IC 16-41-12-15 (Concerning communicable diseases).


IC 16-41-13-3 (Concerning communicable diseases).


IC 16-41-13-4 (Concerning communicable diseases).


IC 16-41-13-6 (Concerning communicable diseases).


IC 16-41-14-13 (Concerning communicable diseases).


IC 16-41-14-15 (Concerning communicable diseases).


IC 16-41-14-16 (Concerning communicable diseases).


IC 16-41-14-17 (Concerning communicable diseases).


IC 16-41-14-20 (Concerning communicable diseases).


IC 16-41-15-18 (Concerning communicable diseases).


IC 16-41-16-11 (Concerning communicable diseases).


IC 16-41-18-6 (Concerning prevention and treatment programs).


IC 16-41-19-10 (Concerning prevention and treatment programs).


IC 16-41-20-13 (Concerning health, sanitation, and safety).


IC 16-41-21-18 (Concerning health, sanitation, and safety).


IC 16-41-21-19 (Concerning health, sanitation, and safety).


IC 16-41-22-21 (Concerning health, sanitation, and safety).


IC 16-41-22-22 (Concerning health, sanitation, and safety).


IC 16-41-23-4 (Concerning health, sanitation, and safety).


IC 16-41-24-11 (Concerning health, sanitation, and safety).


IC 16-41-25-2 (Concerning health, sanitation, and safety).


IC 16-41-27-34 (Concerning health, sanitation, and safety).


IC 16-41-29-5 (Concerning regulation of lodging facilities and bedding materials).


IC 16-41-32-30 (Concerning regulation of lodging facilities and bedding materials).


IC 16-41-33-9 (Concerning pest control).


IC 16-41-34-8 (Concerning pest control).


IC 16-41-35-40 (Concerning radiation).


IC 16-41-38-10 (Concerning radon gas).


IC 16-42-1-16 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-1-34 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-2-8 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-2-9 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-3-12 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-4-5 (Concerning Uniform Food, Drug, and Cosmetic Act).


IC 16-42-5-26 (Concerning sanitary requirements for food establishments).


IC 16-42-5-27 (Concerning sanitary requirements for food establishments).


IC 16-42-10-13 (Concerning food).


IC 16-42-18-7 (Concerning food).


IC 16-42-19-27 (Concerning the Indiana Legend Drug Act).


IC 16-42-21-4 (Concerning the Indiana Legend Drug Act).


IC 16-44-1-1 (Concerning product labeling and inspection).


IC 16-44-2-22 (Concerning product labeling and inspection).


IC 16-46-6-12 (Concerning state health grants and programs).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-20-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 20. IC 20 Criminal Statutes

35-51-20-1 List of sections


Sec. 1. The following statutes define crimes in IC 20:


IC 20-27-3-8 (Concerning school transportation).


IC 20-27-5-33 (Concerning school transportation).


IC 20-27-6-8 (Concerning school transportation).


IC 20-27-7-19 (Concerning school transportation).


IC 20-27-8-3 (Concerning school transportation).


IC 20-27-8-16 (Concerning school transportation).


IC 20-27-9-17 (Concerning school transportation).


IC 20-27-10-4 (Concerning school transportation).


IC 20-33-2-44 (Concerning compulsory school attendance).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-21-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 21. IC 21 Crimes

35-51-21-1 List of sections


Sec. 1. The following statutes define crimes in IC 21:


IC 21-12-6.5-5 (Concerning scholarships and grants).


IC 21-14-4-7 (Concerning state educational institutions).


IC 21-14-7-12 (Concerning state educational institutions).


IC 21-14-10-7 (Concerning state educational institutions).


IC 21-18.5-6-25 (Concerning postsecondary credit bearing proprietary educational institution accreditation).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.107-2012, SEC.63.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-22-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 22. IC 22 Crimes

35-51-22-1 List of sections


Sec. 1. The following statutes define crimes in IC 22:


IC 22-1-1-22 (Concerning the department of labor).


IC 22-2-2-11 (Concerning wages, hours, and benefits).


IC 22-2-7-7 (Concerning wages, hours, and benefits).


IC 22-3-1-5 (Concerning worker's compensation system).


IC 22-4-11.5-10 (Concerning unemployment compensation system).


IC 22-4-19-6 (Concerning unemployment compensation system).


IC 22-4-29-14 (Concerning unemployment compensation system).


IC 22-4-34-3 (Concerning unemployment compensation system).


IC 22-4-34-4 (Concerning unemployment compensation system).


IC 22-4-34-5 (Concerning unemployment compensation system).


IC 22-4.1-4-4 (Concerning department of workforce development).


IC 22-4.1-21-38 (Concerning postsecondary proprietary educational institution accreditation).


IC 22-5-1-1 (Concerning unlawful labor practices).


IC 22-6-2-13 (Concerning labor relations).


IC 22-7-1-3 (Concerning labor organizations).


IC 22-8-1.1-24.2 (Concerning occupational health and safety).


IC 22-8-1.1-49 (Concerning occupational health and safety).


IC 22-9.5-10-1 (Concerning Indiana fair housing).


IC 22-11-14-3 (Concerning building and safety regulations).


IC 22-11-14-6 (Concerning building and safety regulations).


IC 22-11-14.5-9 (Concerning building and safety regulations).


IC 22-11-14.5-10 (Concerning building and safety regulations).


IC 22-11-14.5-11 (Concerning building and safety regulations).


IC 22-11-14.5-12 (Concerning building and safety regulations).


IC 22-11-15-6 (Concerning building and safety regulations).


IC 22-11-17-3 (Concerning building and safety regulations).


IC 22-11-17-4 (Concerning building and safety regulations).


IC 22-11-18-5 (Concerning building and safety regulations).


IC 22-11-20-6 (Concerning building and safety regulations).


IC 22-15-4-7 (Concerning building and equipment laws).


IC 22-15-7-9 (Concerning building and equipment laws).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.107-2012, SEC.64.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-23-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 23. IC 23 Crimes

35-51-23-1 List of sections


Sec. 1. The following statutes define crimes in IC 23:


IC 23-1-18-10 (Concerning business corporation law).


IC 23-2-2.5-37 (Concerning securities and franchises).


IC 23-2-5-16 (Concerning securities and franchises).


IC 23-2-6-33 (Concerning securities and franchises).


IC 23-7-8-8 (Concerning civil or charitable corporations).


IC 23-14-31-52 (Concerning cemetery associations).


IC 23-14-34-9 (Concerning cemetery associations).


IC 23-14-36-3 (Concerning cemetery associations).


IC 23-14-37-3 (Concerning cemetery associations).


IC 23-14-38-3 (Concerning cemetery associations).


IC 23-14-44-3 (Concerning cemetery associations).


IC 23-14-46-8 (Concerning cemetery associations).


IC 23-14-47-5 (Concerning cemetery associations).


IC 23-14-48-9 (Concerning cemetery associations).


IC 23-14-49-3 (Concerning cemetery associations).


IC 23-14-51-5 (Concerning cemetery associations).


IC 23-14-54-5 (Concerning cemetery associations).


IC 23-14-56-3 (Concerning cemetery associations).


IC 23-14-57-7 (Concerning cemetery associations).


IC 23-14-58.5-5 (Concerning cemetery associations).


IC 23-17-29-10 (Concerning nonprofit corporations).


IC 23-18-12-10 (Concerning limited liability corporations).


IC 23-19-5-8 (Concerning Indiana Uniform Securities Act).


IC 23-20-1-31 (Concerning victims of securities violations).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-24-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 24. IC 24 Criminal Statutes

35-51-24-1 List of sections


Sec. 1. The following statutes define crimes in IC 24:


IC 24-1-1-3 (Concerning combinations in restraint of trade).


IC 24-1-2-1 (Concerning combinations in restraint of trade).


IC 24-1-2-2 (Concerning combinations in restraint of trade).


IC 24-1-2-3 (Concerning combinations in restraint of trade).


IC 24-1-3-1 (Concerning combinations in restraint of trade).


IC 24-1-4-3 (Concerning combinations in restraint of trade).


IC 24-2-2-3 (Concerning trademarks, trade names, and trade secrets).


IC 24-3-4-15 (Concerning regulated prices).


IC 24-3-4-16 (Concerning regulated prices).


IC 24-3-4-17 (Concerning regulated prices).


IC 24-3-5.4-24 (Concerning regulated prices).


IC 24-4-1-1 (Concerning regulated businesses).


IC 24-4-3-5 (Concerning regulated businesses).


IC 24-4-4-5 (Concerning regulated businesses).


IC 24-4-6-1 (Concerning regulated businesses).


IC 24-4-11-11 (Concerning regulated businesses).


IC 24-4-12-11 (Concerning regulated businesses).


IC 24-4-13-6 (Concerning regulated businesses).


IC 24-16.4-4 [FN1] (Concerning regulated businesses).


IC 24-4.5-5-301 (Concerning Uniform Consumer Credit Code).


IC 24-4.5-5-302 (Concerning Uniform Consumer Credit Code).


IC 24-4.6-3-4 (Concerning unauthorized solicitation of money using the name of a public safety agency).


IC 24-5-8-19 (Concerning consumer sales).


IC 24-5-12-22 (Concerning consumer sales).


IC 24-5-12-25 (Concerning consumer sales).


IC 24-5-14-10 (Concerning consumer sales).


IC 24-5-16-16 (Concerning consumer sales).


IC 24-5-23.5-9 (Concerning consumer sales).


IC 24-5.5-6-1 (Concerning mortgage rescue protection fraud).


IC 24-6-1-1 (Concerning standard weights and measures).


IC 24-6-3-15 (Concerning standard weights and measures).


IC 24-6-6-11 (Concerning standard weights and measures).


IC 24-7-9-1 (Concerning retail purchase agreements).


IC 24-7-9-2 (Concerning retail purchase agreements).


IC 24-7-9-3 (Concerning retail purchase agreements).


IC 24-8-6-1 (Concerning promotional gifts and contests).


IC 24-9-8-1 (Concerning home loan practices).



CREDIT(S)


As added by P.L.70-2011, SEC.1.


[FN1] So in original. Probably should read 24-4-16.4-4.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-25-1


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 25. IC 25 Criminal Statutes

35-51-25-1 List of sections


Sec. 1. The following statutes define crimes in IC 25:


IC 25-2.1-13-3 (Concerning accountants).


IC 25-2.5-3-4 (Concerning acupuncturists).


IC 25-5.1-4-2 (Concerning athletic trainers).


IC 25-5.2-2-12 (Concerning athlete agents).


IC 25-6.1-7-1 (Concerning auctioneers and auctions).


IC 25-6.1-7-2 (Concerning auctioneers and auctions).


IC 25-8-15.4-25 (Concerning beauty culture).


IC 25-10-1-11 (Concerning chiropractors).


IC 25-11-1-12 (Concerning collection agencies).


IC 25-13-1-3 (Concerning dental hygienists).


IC 25-14-1-25 (Concerning dentists).


IC 25-14-4-6 (Concerning dentists).


IC 25-14.5-7-2 (Concerning dietitians).


IC 25-16-1-18 (Concerning employment services).


IC 25-17.3-5-3 (Concerning genetic counselors).


IC 25-17.6-8-2 (Concerning geologists).


IC 25-18-1-19 (Concerning distress sales).


IC 25-20-1-21 (Concerning hearing aid dealers).


IC 25-20.7-5-1 (Concerning interior designers).


IC 25-21.5-5-10 (Concerning land surveyors).


IC 25-21.5-13-2 (Concerning land surveyors).


IC 25-21.8-7-1 (Concerning massage therapists).


IC 25-22.5-8-2 (Concerning physicians).


IC 25-22.5-8-3 (Concerning physicians).


IC 25-23-1-27 (Concerning nurses).


IC 25-23.5-3-2 (Concerning occupational therapists).


IC 25-23.6-3-3 (Concerning marriage and family therapists).


IC 25-23.6-4-4 (Concerning marriage and family therapists).


IC 25-23.6-4.5-4 (Concerning marriage and family therapists).


IC 25-23.6-7-7 (Concerning marriage and family therapists).


IC 25-23.6-10.1-6 (Concerning marriage and family therapists).


IC 25-23.6-11-1 (Concerning marriage and family therapists).


IC 25-23.6-11-2 (Concerning marriage and family therapists).


IC 25-23.6-11-3 (Concerning marriage and family therapists).


IC 25-23.7-7-5 (Concerning manufactured home installers).


IC 25-24-1-18 (Concerning optometrists).


IC 25-24-3-17 (Concerning optometrists).


IC 25-26-13-29 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-14-23 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-14-25 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-14-26 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-14-27 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-19-9 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-26-21-11 (Concerning pharmacists, pharmacies, and drug stores).


IC 25-27-1-12 (Concerning physical therapists).


IC 25-27.5-7-2 (Concerning physician assistants).


IC 25-28.5-1-31 (Concerning plumbers).


IC 25-29-9-1 (Concerning podiatrists).


IC 25-30-1-21 (Concerning private investigator firms, security guards, and polygraph examiners).


IC 25-30-1.3-23 (Concerning private investigator firms, security guards, and polygraph examiners).


IC 25-31-1-13 (Concerning engineers).


IC 25-31-1-27 (Concerning engineers).


IC 25-31.5-8-7 (Concerning soil scientists).


IC 25-33-1-15 (Concerning psychologists).


IC 25-34.5-3-2 (Concerning respiratory care specialists).


IC 25-35.6-3-10 (Concerning speech pathologists and audiologists).


IC 25-36.1-1-2 (Concerning surgical technologists).


IC 25-36.5-1-10 (Concerning timber buyers).


IC 25-36.5-1-15 (Concerning timber buyers).


IC 25-38.1-4-10 (Concerning veterinarians).


IC 25-38.1-4-11 (Concerning veterinarians).


IC 25-39-5-1 (Concerning water well drilling contractors).


IC 25-39-5-7 (Concerning water well drilling contractors).


IC 25-41-1-2 (Concerning behavior analysts).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.13-2013, SEC.147, eff. April 1, 2013.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-26-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 26. IC 26 Criminal Statutes

35-51-26-1 List of sections


Sec. 1. The following statutes define crimes in IC 26:


IC 26-1-9.1-320 (Concerning the Uniform Commercial Code).


IC 26-3-2-1 (Concerning warehouses).


IC 26-3-2-2 (Concerning warehouses).


IC 26-3-2-3 (Concerning warehouses).


IC 26-3-2-4 (Concerning warehouses).


IC 26-3-2-5 (Concerning warehouses).


IC 26-3-4-4 (Concerning warehouses).


IC 26-3-7-34 (Concerning warehouses).


IC 26-4-8-1 (Concerning grain indemnity program).


IC 26-4-8-2 (Concerning grain indemnity program).


IC 26-4-8-3 (Concerning grain indemnity program).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-27-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 27. IC 27 Criminal Statutes

35-51-27-1 List of sections


Sec. 1. The following statutes define crimes in IC 27:


IC 27-1-2-4 (Concerning the department of insurance).


IC 27-1-3-14 (Concerning the department of insurance).


IC 27-1-3-18 (Concerning the department of insurance).


IC 27-1-3-20 (Concerning the department of insurance).


IC 27-1-7-15 (Concerning the department of insurance).


IC 27-1-7-23 (Concerning the department of insurance).


IC 27-1-9-15 (Concerning the department of insurance).


IC 27-1-12-26 (Concerning the department of insurance).


IC 27-1-22-24 (Concerning the department of insurance).


IC 27-1-34-7 (Concerning the department of insurance).


IC 27-5.1-2-39 (Concerning farm mutual insurance companies).


IC 27-8-1-17 (Concerning life accident and health insurance).


IC 27-8-3-21 (Concerning life accident and health insurance).


IC 27-10-4-1 (Concerning bail law).


IC 27-10-4-2 (Concerning bail law).


IC 27-10-4-3 (Concerning bail law).


IC 27-10-4-4 (Concerning bail law).


IC 27-10-4-5 (Concerning bail law).


IC 27-10-4-6 (Concerning bail law).


IC 27-11-9-3 (Concerning fraternal benefit societies).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-28-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 28. IC 28 Criminal Statutes

35-51-28-1 List of sections


Sec. 1. The following statutes define crimes in IC 28:


IC 28-1-2-36 (Concerning the department of financial institutions).


IC 28-1-13-10 (Concerning the department of financial institutions).


IC 28-1-23-7 (Concerning the department of financial institutions).


IC 28-1-29-13 (Concerning the department of financial institutions).


IC 28-5-1-8 (Concerning industrial loan and investment companies).


IC 28-6.1-6-22 (Concerning savings banks).


IC 28-6.1-9-15 (Concerning savings banks).


IC 28-7-1-39 (Concerning credit unions).


IC 28-7-5-37 (Concerning pawn brokers).


IC 28-8-4-58 (Concerning financial services).


IC 28-8-5-25 (Concerning financial services).


IC 28-11-3-1 (Concerning the department of financial institutions).


IC 28-11-4-11 (Concerning the department of financial institutions).


IC 28-11-5-2 (Concerning the department of financial institutions).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-30-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 30. IC 30 Criminal Statutes

35-51-30-1 List of sections


Sec. 1. The following statutes define crimes in IC 30:


IC 30-2-9-7 (Concerning prepaid funeral plans and funeral trust funds).


IC 30-2-10-9 (Concerning funeral trust funds).


IC 30-2-13-38 (Concerning payment of funeral, burial services, or merchandise in advance of need).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-31-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 31. IC 31 Criminal Statutes

35-51-31-1 List of sections


Sec. 1. The following statutes define crimes in IC 31:


IC 31-11-11-1 (Concerning marriage).


IC 31-11-11-2 (Concerning marriage).


IC 31-11-11-3 (Concerning marriage).


IC 31-11-11-4 (Concerning marriage).


IC 31-11-11-6 (Concerning marriage).


IC 31-11-11-7 (Concerning marriage).


IC 31-19-5-24 (Concerning adoption).


IC 31-19-5-25 (Concerning adoption).


IC 31-19-18-7 (Concerning adoption).


IC 31-19-19-5 (Concerning adoption).


IC 31-19-24-15 (Concerning adoption).


IC 31-19-29-5 (Concerning adoption).


IC 31-27-3-35 (Concerning regulation of residential child care).


IC 31-27-4-36 (Concerning regulation of residential child care).


IC 31-27-5-35 (Concerning regulation of residential child care).


IC 31-27-6-32 (Concerning regulation of residential child care).


IC 31-33-22-1 (Concerning reporting and investigation of child abuse and neglect).


IC 31-33-22-2 (Concerning reporting and investigation of child abuse and neglect).


IC 31-33-22-3 (Concerning reporting and investigation of child abuse and neglect).


IC 31-33-22-4 (Concerning reporting and investigation of child abuse and neglect).


IC 31-34-2.3-7 (Concerning children in need of services).


IC 31-34-2.3-8 (Concerning children in need of services).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-32-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 32. IC 32 Criminal Statutes

35-51-32-1 List of sections


Sec. 1. The following statutes define crimes in IC 32:


IC 32-28-3-15 (Concerning liens on real property).


IC 32-32-3-1 (Concerning time shares and camping clubs).


IC 32-34-1-45 (Concerning lost or unclaimed personal property).


IC 32-34-9-13 (Concerning lost or unclaimed personal property).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-33-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 33. IC 33 Criminal Statutes

35-51-33-1 List of sections


Sec. 1. The following statutes define crimes in IC 33:


IC 33-28-5-17 (Concerning jury service).


IC 33-35-4-3 (Concerning city and town courts).


IC 33-39-5-1 (Concerning prosecuting attorneys).


IC 33-39-6-1 (Concerning prosecuting attorneys).


IC 33-42-2-10 (Concerning notaries public).


IC 33-42-4-2 (Concerning notaries public).


IC 33-42-4-3 (Concerning notaries public).


IC 33-43-1-8 (Concerning practice of law).


IC 33-43-2-1 (Concerning practice of law).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-34-1


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 34. IC 34 Criminal Statutes

35-51-34-1 List of sections


Sec. 1. The following statutes define crimes in IC 34:


IC 34-12-2-8 (Concerning domestic relations actions).


IC 34-28-2-3 (Concerning change of name).


IC 34-28-5-3.5 (Concerning infraction and ordinance violation enforcement proceedings).


IC 34-54-4-1 (Concerning judgments).



CREDIT(S)


As added by P.L.70-2011, SEC.1.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-51-36-1


Effective: March 19, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 51. Criminal Statutes Codified Outside IC 35

Chapter 36. IC 36 Criminal Statutes

35-51-36-1 List of sections


Sec. 1. The following statutes define crimes in IC 36:


IC 36-2-2-13 (Concerning county government).


IC 36-2-6-8 (Concerning county government).


IC 36-2-6-12 (Concerning county government).


IC 36-2-7-18 (Concerning county government).


IC 36-2-8-6 (Concerning county government).


IC 36-2-9-13 (Concerning county government).


IC 36-2-9-14 (Concerning county government).


IC 36-2-9.5-7 (Concerning county government).


IC 36-2-9.5-9 (Concerning county government).


IC 36-2-13-5 (Concerning county government).


IC 36-2-14-10 (Concerning county government).


IC 36-2-14-17 (Concerning county government).


IC 36-2-14-21 (Concerning county government).


IC 36-4-8-13 (Concerning government of cities and towns).


IC 36-7-12-27.5 (Concerning planning and development).


IC 36-7-14-40 (Concerning planning and development).


IC 36-7-15.1-27 (Concerning planning and development).


IC 36-7-30-28 (Concerning planning and development).


IC 36-7-30.5-36 (Concerning planning and development).


IC 36-8-3.5-23 (Concerning public safety).


IC 36-8-10-9 (Concerning public safety).


IC 36-8-16.7-41 (Concerning public safety).


IC 36-8-16.7-45 (Concerning public safety).


IC 36-8-16.7-46 (Concerning public safety).


IC 36-9-14-7 (Concerning transportation and public works).


IC 36-10-3-39 (Concerning recreation, culture, and community facilities).


IC 36-10-4-5 (Concerning recreation, culture, and community facilities).


IC 36-10-4-40 (Concerning recreation, culture, and community facilities).



CREDIT(S)


As added by P.L.70-2011, SEC.1. Amended by P.L.132-2012, SEC.9, eff. March 19, 2012.



Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.