(b) However, the offense described in subsection (a) is: (1) a Level 5 felony if:
Terms Used In Indiana Code 35-46-1-8
- felony: A crime carrying a penalty of more than a year in prison.
- misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
(A) the person committing the offense is at least twenty-one (21) years of age and knowingly or intentionally furnishes: (i) an alcoholic beverage to a person less than eighteen (18) years of age in violation of IC 7.1-5-7-8 when the person committing the offense knew or reasonably should have known that the person furnished the alcoholic beverage was less than eighteen (18) years of age; or
(ii) a controlled substance (as defined in IC 35-48-1-9) or a drug (as defined in IC 9-13-2-49.1) in violation of Indiana law; and
(B) the consumption, ingestion, or use of the alcoholic beverage, controlled substance, or drug is the proximate cause of the death of any person; and
(2) a Level 6 felony if the person committing the offense knowingly or intentionally encourages, aids, induces, or causes a person less than eighteen (18) years of age to commit an act that would be a felony if committed by an adult under any of the following:
(A) IC 35-48-4-1. (B) IC 35-48-4-1.1. (C) IC 35-48-4-2. (D) IC 35-48-4-3.
(E) IC 35-48-4-4. (F) IC 35-48-4-4.5. (G) IC 35-48-4-4.6. (H) IC 35-48-4-5. As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.91; Acts 1978, P.L.144, SEC.12; Acts 1979, P.L.276, SEC.58; P.L.216-1996, SEC.24; P.L.1-1997, SEC.152; P.L.46-2004, SEC.2; P.L.2-2005, SEC.126; P.L.1-2006, SEC.533; P.L.151-2006, SEC.18; P.L.158-2013, SEC.554.