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  • Writer's pictureBrandon Hicks

B. Hicks Law: Indiana Common Nuisance Law 35-45-1-5

When you find yourself facing criminal charges, it's essential to have a competent legal team on your side. B. Hicks Law is here to provide expert legal defense in cases involving common nuisances, particularly those governed by Indiana Code (IC) 35-45-1-5. In this blog post, we'll take a closer look at the law, its implications, and how our criminal defense law firm can protect your rights.

Understanding IC 35-45-1-5: IC 35-45-1-5 addresses the offense of visiting a common nuisance, as well as maintaining a common nuisance. But what is a common nuisance in the eyes of the law? A common nuisance is defined as any location, including buildings, structures, vehicles, or other places, where one or more of the following unlawful activities occur:

  1. Buying an alcoholic beverage in violation of IC 7.1-5-10-5.

  2. Unlawfully using, keeping, or selling a legend drug.

  3. Unlawfully using, manufacturing, keeping, offering for sale, selling, delivering, or financing the delivery of a controlled substance or drug paraphernalia.

  4. Providing a location for human trafficking or related acts.

  5. Providing a location for violations of human trafficking laws (IC 35-42-3.5-1 through IC 35-42-3.5-1.4).

Visiting a Common Nuisance: Under IC 35-45-1-5, visiting a common nuisance is a criminal offense. A person who knowingly or intentionally visits a common nuisance commits this crime. The severity of the offense varies based on the type of unlawful activities taking place in the common nuisance:

  • Class B misdemeanor if related to the unlawful sale of alcohol, legend drugs, or controlled substances.

  • Class A misdemeanor if related to human trafficking or involving minors or endangered adults.

  • Level 6 felony if minors or endangered adults are involved, and the accused has a prior unrelated conviction under this section.

Maintaining a Common Nuisance: Maintaining a common nuisance is a more severe offense, classified as a Level 6 felony. A person who knowingly or intentionally maintains a common nuisance is subject to prosecution. This offense involves knowingly facilitating the continued existence of a common nuisance location.

Defending Your Rights: When you're facing charges under IC 35-45-1-5, it's crucial to have strong legal representation. B. Hicks Law is dedicated to safeguarding your rights and crafting a solid defense strategy. We understand the complexities of the law and will work diligently to protect your interests.

It's worth noting that there are potential defenses available under the law, particularly when the offense involves a limited quantity of marijuana, hash oil, hashish, or salvia, and drug paraphernalia designed for use with these substances, provided there are no prior unrelated convictions.

Common nuisance cases are serious matters, and the penalties can vary depending on the specifics of the case. If you find yourself facing charges related to IC 35-45-1-5, don't hesitate to reach out to B. Hicks Law. Our experienced criminal defense team is here to provide you with expert legal representation, protecting your rights and working toward the best possible outcome for your case. Your future deserves the best defense, and we're here to provide it. Contact us today to discuss your situation and explore your legal options.

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