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Public Order

Visiting a Common Nuisance / Maintaining a Common Nuisance

IC 35-45-1-5 · Two separate offenses — see below

Two separate offenses sharing one definition of "common nuisance": a building, structure, vehicle, or other place used for any one of five unlawful purposes — buying alcohol unlawfully, unlawfully using/keeping/selling a legend drug, unlawfully using/manufacturing/keeping/selling/delivering a controlled substance or paraphernalia, providing a location to pay for a human trafficking victim or act, or providing a location for committing human trafficking.

Definition — "common nuisance": a building, structure, vehicle, or other place used for ANY ONE of these five purposes:

  • Buying an alcoholic beverage unlawfully
  • Unlawfully using, keeping, or selling a legend drug
  • Unlawfully using, manufacturing, keeping, offering for sale, selling, delivering, or financing delivery of a controlled substance or drug paraphernalia
  • Providing a location for someone to pay (or offer/agree to pay) for a human trafficking victim or an act performed by one
  • Providing a location for committing human trafficking (IC 35-42-3.5-1 through 1.4)

CHARGE LEVEL CHART — Visiting a Common Nuisance:

Nuisance PurposeCircumstanceCharge
Alcohol, legend drug, or controlled substance/paraphernaliaStandardClass B Misdemeanor
Paying for a trafficking victim—Class A Misdemeanor
Controlled substance/paraphernaliaMinor or endangered adult brought inClass A Misdemeanor
Controlled substance/paraphernaliaMinor/endangered adult brought in + prior related convictionLevel 6 Felony

Defense to Maintaining (narrow — ALL conditions must be met):

  • The offense involves ONLY unlawful use/keeping of a small amount — under 30 grams of marijuana, under 5 grams of hash oil/hashish/salvia, or paraphernalia designed for those substances specifically, AND
  • The suspect has no prior unrelated conviction under the Maintaining offense

Elements to prove

  1. 1

    OFFENSE 1: Visiting a Common Nuisance — Applies to purposes 1-4 above (NOT purpose 5, human trafficking).

  2. 2

    OFFENSE 2: Maintaining a Common Nuisance — A separate, more serious offense for actually maintaining the location (not just visiting it). Applies to ANY of the five purposes, including human trafficking. Level 6 Felony, flat.

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Reference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-45-1-5, current through the 2026 Indiana Code (iga.in.gov).

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