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IC 7.1-5-1-2
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-5-1-3
Public intoxication prohibited; failure to enforce by a law
enforcement officer
Sec. 3. (a) Subject to section 6.5 of this chapter, it is a Class B
misdemeanor for a person to be in a public place or a place of public
resort in a state of intoxication caused by the person's use of alcohol
or a controlled substance (as defined in IC 35-48-1-9), if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the
peace; or
(4) harasses, annoys, or alarms another person.
(b) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's failure to enforce this
section.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.702; P.L.213-2001, SEC.2; P.L.93-2012, SEC.2;
P.L.117-2012, SEC.1.
IC 7.1-5-1-4
Repealed
(Repealed by Acts 1973, P.L.156, SEC.2.)
IC 7.1-5-1-5
Repealed
(Repealed by Acts 1973, P.L.156, SEC.2.)
IC 7.1-5-1-6.5
Request medical assistance; prohibited from being taken into
custody; immune from criminal prosecution; prohibited from
initiating action against law enforcement officer
Sec. 6.5. (a) A law enforcement officer may not take a person into
custody based solely on the commission of an offense involving
alcohol described in subsection (b) if the law enforcement officer,
after making a reasonable determination and considering the facts
and surrounding circumstances, reasonably believes that all of the
following apply:
(1) The law enforcement officer has contact with the person
because the person either:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption.
(2) The person described in subdivision (1)(A) or (1)(B):
(A) provided:
(i) the person's full name; and
(ii) any other relevant information requested by the law
enforcement officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance due
to alcohol consumption until emergency medical assistance
arrived; and
(C) cooperated with emergency medical assistance personnel
and law enforcement officers at the scene.
IC 7.1-5-1-7
Notice of conviction sent to commission
Sec. 7. Notice of Conviction Sent to Commission. A court, upon
convicting a permittee for a violation of a provision of this title, shall
cause a certified copy of the judgment of conviction to be made and
forwarded to the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-1-8
General penalty provision
Sec. 8. General Penalty Provision. A person who violates a
provision of this title for which no other penalty is provided commits
a Class B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.704.
IC 7.1-5-1-9
Felony penalty
Sec. 9. Felony Penalty. A person who knowingly violates
IC 7.1-5-4-3, 7.1-5-4-6, or 7.1-5-6-4, commits a Class D felony.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.705.
IC 7.1-5-1-9.5
Penalties for illegal shipments of alcoholic beverages
Sec. 9.5. (a) An in state or an out of state vintner, distiller, brewer,
rectifier, or importer that:
(1) holds a basic permit from the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class A misdemeanor.
(b) A person who:
(1) is not described in subsection (a); and
(2) knowingly violates IC 7.1-5-11-1.5;
commits a Class D felony.
(c) If the chairman of the alcohol and tobacco commission or the
attorney general determines that a vintner, distiller, brewer, rectifier,
or importer that holds a basic permit from the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives has made an illegal
shipment of an alcoholic beverage to consumers in Indiana, the
chairman shall:
(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives in writing and by certified mail of the official
determination that state law has been violated; and
(2) request the federal bureau to take appropriate action.
As added by P.L.121-1998, SEC.1. Amended by P.L.204-2001,
SEC.49; P.L.1-2006, SEC.150.
IC 7.1-5-1-10
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-1-11
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-1-12
Violation of commission's order
Sec. 12. Violation of Commission's Order. A person who
recklessly imports, transports, receives, purchases, sells, distributes,
delivers, or possesses an alcoholic beverage in violation of an order
of the commission entered pursuant to IC 7.1-2-7, commits a Class
B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.706.