Indiana criminal charge
Smoking in a prohibited area; penalty in Indiana
Smoking in a prohibited area; penalty is a criminal offense under Indiana law, defined by Ind. Code § 7.1-5-12-8. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 7.1-5-12-8.
What is the penalty for smoking in a prohibited area; penalty in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $1,000 (Prohibited smoking (general) — A person smokes in an area where smoking is prohibited by this chapter, unless the enhanced penalty under subsection (b) applies.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Fine | up to $10,000 (Prohibited smoking (repeat offender) — A person smokes in an area where smoking is prohibited by this chapter and has at least three prior unrelated adjudications under this section or under IC 16-41-37-4 (before its repeal).; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
Applies to current.
How is smoking in a prohibited area; penalty classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Prohibited smoking (general) | Class B Infraction | A person smokes in an area where smoking is prohibited by this chapter, unless the enhanced penalty under subsection (b) applies. | Ind. Code § 7.1-5-12-8(a) |
| Prohibited smoking (repeat offender) | Class A Infraction | A person smokes in an area where smoking is prohibited by this chapter and has at least three prior unrelated adjudications under this section or under IC 16-41-37-4 (before its repeal). | Ind. Code § 7.1-5-12-8(b) |
Common questions about smoking in a prohibited area; penalty in Indiana
Is smoking in a prohibited area; penalty a felony or a misdemeanor in Indiana?
It depends on the circumstances: smoking in a prohibited area; penalty ranges from a Class B Infraction to a Class A Infraction in Indiana under Ind. Code § 7.1-5-12-8.
Prohibited smoking (general): Class B Infraction (Ind. Code § 7.1-5-12-8(a)) · Prohibited smoking (repeat offender): Class A Infraction (Ind. Code § 7.1-5-12-8(b))
What are the penalties for smoking in a prohibited area; penalty in Indiana?
Penalties for smoking in a prohibited area; penalty in Indiana depend on how it is classified — from a Class B Infraction up to a Class A Infraction — with the ranges set by Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers smoking in a prohibited area; penalty?
Smoking in a prohibited area; penalty is governed by Ind. Code § 7.1-5-12-8 (Smoking in a prohibited area; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.