Ind. Code ch. 35-45-1

Ind. Code § 35-45-1-0.1 Repealed

As added by P.L.220-2011, SEC.603. Repealed by P.L.63-2012, SEC.57.

Ind. Code § 35-45-1-1 Definitions

Sec. 1. As used in this chapter: "Tumultuous conduct" means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property. "Unlawful assembly" means an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. Prior concert is not necessary to form an unlawful assembly. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.68.

Ind. Code § 35-45-1-2 Rioting

Sec. 2. A person who, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is: (1) a Level 6 felony if it: (A) is committed while armed with a deadly weapon; (B) results in serious bodily injury; or (C) causes property damage of at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); and (2) a Level 5 felony if it: (A) results in catastrophic injury or death; or (B) causes property damage of at least fifty thousand dollars ($50,000). As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.69; P.L.158-2013, SEC.521; P.L.94-2021, SEC.3.

Ind. Code § 35-45-1-3 Disorderly conduct

Sec. 3. (a) A person who recklessly, knowingly, or intentionally: (1) engages in fighting or in tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of persons; commits disorderly conduct, a Class B misdemeanor. (b) The offense described in subsection (a) is a Level 6 felony if it: (1) adversely affects airport security; and (2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar. (c) The offense described in subsection (a) is a Level 6 felony if it: (1) is committed within five hundred (500) feet of: (A) the location where a burial is being performed; (B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or (C) a building in which: (i) a funeral or memorial service; or (ii) the viewing of a deceased person; is being conducted; and (2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1; P.L.158-2013, SEC.522.

Ind. Code § 35-45-1-4 Flag desecration

Sec. 4. (a) A person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor. (b) This section does not apply to a person who disposes of a flag in accordance with 4 U.S.C. 8(k). As added by Acts 1977, P.L.26, SEC.22. Amended by P.L.163-1990, SEC.1; P.L.7-2015, SEC.56.

Ind. Code § 35-45-1-5 Visiting a common nuisance; maintaining a common nuisance

Sec. 5. (a) As used in this section, "common nuisance" means a building, structure, vehicle, or other place that is used for (1) or more of the following purposes: (1) To buy an alcoholic beverage in violation of IC 7.1-5-10-5. (2) To unlawfully use, keep, or sell a legend drug. (3) To unlawfully: (A) use; (B) manufacture; (C) keep; (D) offer for sale; (E) sell; (F) deliver; or (G) finance the delivery of; a controlled substance or an item of drug paraphernalia (as described in IC 35-48-4-8.5). (4) To provide a location for a person to pay, offer to pay, or agree to pay money or other property to another person for a human trafficking victim or an act performed by a human trafficking victim. (5) To provide a location for a person to commit a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking). (b) A person who knowingly or intentionally visits a common nuisance described in subsections (a)(1) through (a)(4) commits visiting a common nuisance. The offense is a: (1) Class B misdemeanor if the common nuisance is used for the unlawful: (A) sale of an alcoholic beverage as set forth in subsection (a)(1); (B) use, keeping, or sale of a legend drug as set forth in subsection (a)(2); or (C) use, manufacture, keeping, offer for sale, sale, delivery, or financing the delivery of a controlled substance or item of drug paraphernalia (as described in IC 35-48-4-8.5), as set forth in subsection (a)(3); (2) Class A misdemeanor if: (A) the common nuisance is used as a location for a person to pay, offer to pay, or agree to pay for a human trafficking victim or an act performed by a human trafficking victim as set forth in subsection (a)(4); or (B) the person knowingly, intentionally, or recklessly takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a common nuisance used to unlawfully: (i) use; (ii) manufacture; (iii) keep; (iv) offer for sale; (v) sell; (vi) deliver; or (vii) finance the delivery of; a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3); and (3) Level 6 felony if the person: (A) knowingly, intentionally, or recklessly takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a common nuisance used to unlawfully: (i) use; (ii) manufacture; (iii) keep; (iv) offer for sale; (v) sell; (vi) deliver; or (vii) finance the delivery of; a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3); and (B) has a prior unrelated conviction for a violation of this section involving a controlled substance or drug paraphernalia. (c) A person who knowingly or intentionally maintains a common nuisance commits maintaining a common nuisance, a Level 6 felony. (d) It is a defense to a prosecution under subsection (c) that: (1) the offense involves only the unlawful use or keeping of: (A) less than: (i) thirty (30) grams of marijuana; or (ii) five (5) grams of hash oil, hashish, or salvia; or (B) an item of drug paraphernalia (as described in IC 35-48-4-8.5) that is designed for use with, or intended to be used for, marijuana, hash oil, hashish, or salvia; and (2) the person does not have a prior unrelated conviction for a violation of subsection (c). As added by P.L.59-2016, SEC.7. Amended by P.L.86-2017, SEC.14; P.L.144-2018, SEC.29.