Indiana criminal charge
Visiting a common nuisance; maintaining a common nuisance in Indiana
Visiting a common nuisance; maintaining a common nuisance is a criminal offense under Indiana law, defined by Ind. Code § 35-45-1-5. 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 § 35-45-1-5.
What is the penalty for visiting a common nuisance; maintaining a common nuisance in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Visiting a common nuisance — alcoholic beverage, legend drug, or controlled substance/paraphernalia — The common nuisance visited is used for the unlawful sale of an alcoholic beverage, or the unlawful use/keeping/sale of a legend drug, or the unlawful use, manufacture, keeping, offering for sale, sale, delivery, or financing delivery of a controlled substance or drug paraphernalia.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Visiting a common nuisance — alcoholic beverage, legend drug, or controlled substance/paraphernalia — The common nuisance visited is used for the unlawful sale of an alcoholic beverage, or the unlawful use/keeping/sale of a legend drug, or the unlawful use, manufacture, keeping, offering for sale, sale, delivery, or financing delivery of a controlled substance or drug paraphernalia.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Visiting a common nuisance — human trafficking payment location — 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.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Visiting a common nuisance — human trafficking payment location — 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.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance — The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a common nuisance used to unlawfully use, manufacture, keep, offer for sale, sell, deliver, or finance delivery of a controlled substance or drug paraphernalia.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance — The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a common nuisance used to unlawfully use, manufacture, keep, offer for sale, sell, deliver, or finance delivery of a controlled substance or drug paraphernalia.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance, with prior conviction — The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a drug-related common nuisance and has a prior unrelated conviction under this section involving a controlled substance or drug paraphernalia.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance, with prior conviction — The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a drug-related common nuisance and has a prior unrelated conviction under this section involving a controlled substance or drug paraphernalia.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Maintaining a common nuisance — A person knowingly or intentionally maintains a common nuisance.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Maintaining a common nuisance — A person knowingly or intentionally maintains a common nuisance.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is visiting a common nuisance; maintaining a common nuisance classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Visiting a common nuisance — alcoholic beverage, legend drug, or controlled substance/paraphernalia | Class B Misdemeanor | The common nuisance visited is used for the unlawful sale of an alcoholic beverage, or the unlawful use/keeping/sale of a legend drug, or the unlawful use, manufacture, keeping, offering for sale, sale, delivery, or financing delivery of a controlled substance or drug paraphernalia. | Ind. Code § 35-45-1-5(b) |
| Visiting a common nuisance — human trafficking payment location | Class A Misdemeanor | 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. | Ind. Code § 35-45-1-5(b) |
| Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance | Class A Misdemeanor | The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a common nuisance used to unlawfully use, manufacture, keep, offer for sale, sell, deliver, or finance delivery of a controlled substance or drug paraphernalia. | Ind. Code § 35-45-1-5(b) |
| Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance, with prior conviction | Level 6 Felony | The person knowingly, intentionally, or recklessly takes a person less than 18 years of age or an endangered adult into a drug-related common nuisance and has a prior unrelated conviction under this section involving a controlled substance or drug paraphernalia. | Ind. Code § 35-45-1-5(b) |
| Maintaining a common nuisance | Level 6 Felony | A person knowingly or intentionally maintains a common nuisance. | Ind. Code § 35-45-1-5(c) |
Common questions about visiting a common nuisance; maintaining a common nuisance in Indiana
Is visiting a common nuisance; maintaining a common nuisance a felony or a misdemeanor in Indiana?
It depends on the circumstances: visiting a common nuisance; maintaining a common nuisance ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-1-5.
Visiting a common nuisance — alcoholic beverage, legend drug, or controlled substance/paraphernalia: Class B Misdemeanor (Ind. Code § 35-45-1-5(b)) · Visiting a common nuisance — human trafficking payment location: Class A Misdemeanor (Ind. Code § 35-45-1-5(b)) · Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance: Class A Misdemeanor (Ind. Code § 35-45-1-5(b)) · Visiting a common nuisance — taking a minor or endangered adult into a drug nuisance, with prior conviction: Level 6 Felony (Ind. Code § 35-45-1-5(b)) · Maintaining a common nuisance: Level 6 Felony (Ind. Code § 35-45-1-5(c))
What are the penalties for visiting a common nuisance; maintaining a common nuisance in Indiana?
Penalties for visiting a common nuisance; maintaining a common nuisance in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers visiting a common nuisance; maintaining a common nuisance?
Visiting a common nuisance; maintaining a common nuisance is governed by Ind. Code § 35-45-1-5 (Visiting a common nuisance; maintaining a common nuisance).
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.