Daviess County - Indiana Criminal Code 2022

228

CRIMINAL LAWAND PROCEDURE

or salvia; and (2) the person does not have a prior unrelated conviction for a violation of subsection (c). Chapter 2. Offenses Relating to Communications.

(i) use; (ii) manufacture; (iii) keep; (iv) offer for sale; (v) sell; (vi) deliver; or (vii) finance the delivery of;

35-45-2-1. 35-45-2-2. 35-45-2-4. 35-45-2-5.

Intimidation. Harassment.

a controlled substance or an item of drug paraphernalia, as set forth in sub section (a)(3); and (3) Level 6 felony if the person: (A) knowingly, intentionally, or reck lessly 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 unlaw fully: (i) use; (ii) manufacture; (iii) keep; (iv) offer for sale; (v) sell; (vi) deliver; or (vii) finance the delivery of; a controlled substance or an item of drug paraphernalia, as set forth in sub section (a)(3); and (B) has a prior unrelated conviction for a violation of this section involving a controlled substance or drug para phernalia. (c) A person who knowingly or intentionally maintains a common nuisance commits main taining a common nuisance, a Level 6 felony. (d) It is a defense to a prosecution under sub section (c) that: (1) the offense involves only the unlawful use or keeping of: (A) less than: (i) thirty (30) grams of marijuana; or (ii) five (5) grams of hash oil, hashish, or salvia; or

Unlawful disclosure.

Interference with reporting crime.

35-45-2-1. Intimidation. (a) Aperson who communicates a threat, with the intent: (1) that another person engage in conduct against the other person’s will; (2) that another person be placed in fear of retaliation for a prior lawful act; (3) of: (A) causing: (i) a dwelling, a building, or other

structure; or (ii) a vehicle; to be evacuated; or (B) interfering with the occupancy of: (i) a dwelling, building, or other

structure; or (ii) a vehicle;

(4) that another person be placed in fear that the threat will be carried out, if the threat is a threat described in: (A) subsection (c)(1) through (c)(5); or (B) subsection (c)(7) through (c)(8); commits intimidation, a Class A misdemeanor. (b) However, the offense is a: (1) Level 6 felony if: (A) the threat is to commit a forcible felony;

(B) the subject of the threat or the person to whom the threat is commu nicated is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat; (C) the threat is communicated because of the occupation, profession, employment status, or ownership sta tus of a person or the threat relates to or is made in connection with the

(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,