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 an individual whom the person knows has been forced into:
(A) forced labor;
(B) involuntary servitude; or
(C) prostitution.
(5) To provide a location for a person to commit a violation of IC 35-42-3.5-1(a) through IC 35-42-3.5-1(d) (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); or
(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 person who has been forced into forced labor, involuntary servitude, or prostitution 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. As added by P.L.59-2016, SEC.7. IC 35-45-10 Chapter 10. Stalking