Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

113

ing or position within a criminal organization”, for purposes of IC 35-45-9-3, has the meaning set forth in IC 35-45-9-3(b). 35-31.5-2-267. “Rated capacity” defined. “Rated capacity,” for purposes of IC 35-38-3, has the meaning set forth in IC 35-38-3-1. 35-31.5-2-269. “Receiving authority” defined. “Receiving authority,” for purposes of IC 35 38-3, has the meaning set forth in IC 35-38-3-1. 35-31.5-2-272. “Recommendation” defined. “Recommendation,” for purposes of IC 35-35 3 and IC 35-38-1, means a proposal that is part of a plea agreement made to a court that: (1) a felony charge be dismissed; or (2) a defendant, if the defendant pleads guilty to a felony charge, receive less than the advisory sentence. 35-31.5-2-273.8. “Remote computing service” defined. “Remote computing service”, for purposes of IC 35-33-5, has the meaning set forth in IC 35-33 5-0.5(6). 35-31.5-2-280.5. “Sale to a minor” defined. “Sale to a minor”, for purposes of IC 35-48, means delivery or financing the delivery of a drug to a person less than eighteen (18) years of age and at least three (3) years junior to the person mak ing the delivery or financing. 35-31.5-2-281. “Salvia” defined. (a) “Salvia” means salvia divinorum or salvi norin A, including: (1) all parts of the plant that are classified botanically as salvia divinorum, whether growing or not; (2) the seeds of the plant; (3) any extract from any part of the plant; and (4) every compound, manufacture, derivate, mixture, or preparation of the plant, its seeds, or extracts, including it salts, isomers, and salts of isomers when ever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation of the plant,

its seeds, or extracts. (b) The term does not include any other species in the genus salvia. 35-31.5-2-283. “School bus” defined. “School bus” means any motor vehicle designed and constructed for the accommodation of more than ten (10) passengers and used for the transportation of Indiana school children. 35-31.5-2-285. “School property” defined. “School property” means the following: (1) A building or other structure owned or rented by: (A) a school corporation;

(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27; (C) a private school that is not sup ported and maintained by funds real ized from the imposition of a tax on property, income, or sales; or (D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following: (i) A Head Start program under 42 U.S.C. 9831 et seq. (ii) A special education preschool program. (iii)A developmental child care program for preschool children.

(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1). 35-31.5-2-287. “Scientific research facility” defined. “Scientific research facility” means a facility in which research is conducted. 35-31.5-2-289. “Security agent” defined. “Security agent” means a person who has been employed by a store to prevent the loss of property due to theft. 35-31.5-2-290. “Security risk” defined. “Security risk,” means a person who is: (1) a flight risk; or