1. (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. (1) To buy an alcoholic beverage in violation of IC 7.1-5-10-5 .
   2. (2) To unlawfully use, keep, or sell a legend drug.

   3. (3) To unlawfully:

      1. (A) use;
      2. (B) manufacture;
      3. (C) keep;
      4. (D) offer for sale;
      5. (E) sell;
      6. (F) deliver; or

      7. (G) finance the delivery of;

         a controlled substance or an item of drug paraphernalia (as described in IC 35-48-4-8.5 ).

   4. (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. (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).

2. (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. (1) Class B misdemeanor if the common nuisance is used for the unlawful:

      1. (A) sale of an alcoholic beverage as set forth in subsection (a)(1);
      2. (B) use, keeping, or sale of a legend drug as set forth in subsection (a)(2); or
      3. (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. (2) Class A misdemeanor if:

      1. (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

      2. (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:

         1. (i) use;
         2. (ii) manufacture;
         3. (iii) keep;
         4. (iv) offer for sale;
         5. (v) sell;
         6. (vi) deliver; or

         7. (vii) finance the delivery of;

            a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3); and

   3. (3) Level 6 felony if the person:

      1. (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:

         1. (i) use;
         2. (ii) manufacture;
         3. (iii) keep;
         4. (iv) offer for sale;
         5. (v) sell;
         6. (vi) deliver; or

         7. (vii) finance the delivery of;

            a controlled substance or an item of drug paraphernalia, as set forth in subsection (a)(3); and

      2. (B) has a prior unrelated conviction for a violation of this section involving a controlled substance or drug paraphernalia.
3. (c) A person who knowingly or intentionally maintains a common nuisance commits maintaining a common nuisance, a Level 6 felony.

4. (d) It is a defense to a prosecution under subsection (c) that:

   1. (1) the offense involves only the unlawful use or keeping of:

      1. (A) less than:

         1. (i) thirty (30) grams of marijuana; or
         2. (ii) five (5) grams of hash oil, hashish, or salvia; or
      2. (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. (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.