Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

345

ment listed in subsection (a) that a person was in, on, or within five hundred (500) feet of school property or a public park: (1) at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer; and (2) while a person less than eighteen (18) years of age was reasonably expected to be present. (d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing the delivery, or pos session of cocaine, a narcotic drug, methamphet amine, or a controlled substance occurred in, on, or within five hundred (500) feet of school prop erty or a public park while a person less than eighteen (18) years of age was reasonably expected to be present. 35-48-4-17. Drug labs; environmental cleanup costs. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufac ture methamphetamine, a court shall order resti tution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense. (b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a). ARTICLE 49. OBSCENITYAND PORNOGRAPHY Ch. 1. Definitions. Ch. 2. General Provisions. Ch. 3. Crimes. Chapter 1. Definitions. 35-49-1-1. Application of definitions. 35-49-1-2. “Distribute” defined. 35-49-1-3. “Matter” defined. 35-49-1-4. “Minor” defined. 35-49-1-5. “Nudity” defined.

purposes. (3) NADDI may not modify sales trans action data that is shared with law enforce ment officials. (4) At least one (1) time per day Indiana data contained in the NPLEx, for the pre vious calendar day shall be forwarded to the state police department. (m)Aperson or corporate entity may not man date a protocol or procedure that interferes with the pharmacist's ability to exercise the pharmacist's independent professional judgment under this section, including whether to deny the sale of ephedrine or pseudoephedrine under subsection (f). 35-48-4-16. Defenses within 500 feet. (a) For an offense under this chapter that requires proof of: (1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled sub stance; (2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a con trolled substance; or (3) possession of cocaine, a narcotic drug, methamphetamine, or a controlled sub stance; within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present, the person charged may assert the defense in subsection (b) or (c). (b) It is a defense for a person charged under this chapter with an offense that contains an ele ment listed in subsection (a) that: (1) a person was briefly in, on, or within five hundred (500) feet of school prop erty or a public park while a person less than eighteen (18) years of age was rea sonably expected to be present; and (2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within five hundred (500) feet of the school property or public park at the time of the offense. (c) It is a defense for a person charged under this chapter with an offense that contains an ele