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 Purpose | Circumstance | Charge |
|---|---|---|
| Alcohol, legend drug, or controlled substance/paraphernalia | Standard | Class B Misdemeanor |
| Paying for a trafficking victim | — | Class A Misdemeanor |
| Controlled substance/paraphernalia | Minor or endangered adult brought in | Class A Misdemeanor |
| Controlled substance/paraphernalia | Minor/endangered adult brought in + prior related conviction | Level 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
OFFENSE 1: Visiting a Common Nuisance — Applies to purposes 1-4 above (NOT purpose 5, human trafficking).
- 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.
Unlock the complete Fact Prompts, Narrative Guide, and Closing Checklist for this offense.
Start 30-Day Free TrialReference 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).