CHAPTER 1. OFFENSES AGAINST THE FAMILY
IC 35-46
ARTICLE 46. MISCELLANEOUS OFFENSES
IC 35-46-1
Chapter 1. Offenses Against the Family
IC 35-46-1-1
Definitions
Sec. 1. As used in this chapter:
"Dependent" means:
(1) an unemancipated person who is under eighteen (18) yearsof age; or
(2) a person of any age who has a mental or physical disability.
"Endangered adult" has the meaning set forth in IC 12-10-3-2.
"Support" means food, clothing, shelter, or medical care.
"Tobacco business" means a sole proprietorship, corporation,partnership, or other enterprise in which:
(1) the primary activity is the sale of tobacco, tobacco products,and tobacco accessories; and
(2) the sale of other products is incidental.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.84; P.L.185-1984, SEC.2; P.L.208-1986, SEC.1;P.L.41-1987, SEC.19; P.L.2-1992, SEC.881; P.L.256-1996, SEC.10;P.L.99-2007, SEC.210.
IC 35-46-1-1.7
"Tobacco" defined
Sec. 1.7. As used in this chapter, "tobacco" includes:
(1) chewing tobacco;
(2) cigars, cigarettes, and snuff that contain tobacco; and
(3) pipe tobacco.
As added by P.L.318-1987, SEC.2.
IC 35-46-1-2
Bigamy
Sec. 2. (a) A person who, being married and knowing that hisspouse is alive, marries again commits bigamy, a Class D felony.
(b) It is a defense that the accused person reasonably believed thathe was eligible to remarry.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.85.
IC 35-46-1-3
Incest
Sec. 3. (a) A person eighteen (18) years of age or older whoengages in sexual intercourse or deviate sexual conduct with anotherperson, when the person knows that the other person is related to theperson biologically as a parent, child, grandparent, grandchild,sibling, aunt, uncle, niece, or nephew, commits incest, a Class Cfelony. However, the offense is a Class B felony if the other person
is less than sixteen (16) years of age.
(b) It is a defense that the accused person's otherwise incestuousrelation with the other person was based on their marriage, if it wasvalid where entered into.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.86; P.L.158-1987, SEC.5; P.L.79-1994, SEC.16.
IC 35-46-1-4
Neglect of a dependent; child selling
Sec. 4. (a) A person having the care of a dependent, whetherassumed voluntarily or because of a legal obligation, who knowinglyor intentionally:
(1) places the dependent in a situation that endangers thedependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),(a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violatingIC 35-48-4-1 (delivery, financing, or manufacture ofcocaine, methamphetamine, or a narcotic drug); or
(ii) the result of a violation of IC 35-48-4-1 (delivery,financing, or manufacture of cocaine, methamphetamine,or a narcotic drug);
(2) a Class B felony if it is committed under subsection (a)(1),(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1),(a)(2), or (a)(3) by a person at least eighteen (18) years of ageand results in the death of a dependent who is less than fourteen(14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2)and consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, orsanitary facilities;
(B) consists of confinement in an area not intended forhuman habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord,tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act underthis section that:
(1) the accused person left a dependent child who was, at thetime the alleged act occurred, not more than thirty (30) days ofage with an emergency medical provider who took custody ofthe child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical servicesprovider; and
(B) the alleged act did not result in bodily injury or seriousbodily injury to the child; or
(2) the accused person, in the legitimate practice of the accusedperson's religious belief, provided treatment by spiritual meansthrough prayer, in lieu of medical care, to the accused person'sdependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceedingunder IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (orIC 31-1-11.5 or IC 31-6-5 before their repeal); or
(2) under IC 35-46-1-9(b);
a person who transfers or receives any property in consideration forthe termination of the care, custody, or control of a person'sdependent child commits child selling, a Class D felony.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980, P.L.208,SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301, SEC.3;P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000, SEC.10;P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007, SEC.1;P.L.109-2007, SEC.1.
IC 35-46-1-5
Nonsupport of a dependent child
Sec. 5. (a) A person who knowingly or intentionally fails toprovide support to the person's dependent child commits nonsupportof a child, a Class D felony. However, the offense is a Class C felonyif the total amount of unpaid support that is due and owing for one(1) or more children is at least fifteen thousand dollars ($15,000).
(b) It is a defense that the child had abandoned the home of hisfamily without the consent of his parent or on the order of a court,but it is not a defense that the child had abandoned the home of hisfamily if the cause of the child's leaving was the fault of his parent.
(c) It is a defense that the accused person, in the legitimatepractice of his religious belief, provided treatment by spiritual meansthrough prayer, in lieu of medical care, to his dependent child.
(d) It is a defense that the accused person was unable to providesupport.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.88; Acts 1978, P.L.144, SEC.9; P.L.213-1996, SEC.4;P.L.123-2001, SEC.4.
IC 35-46-1-6
Nonsupport of a spouse
Sec. 6. (a) A person who knowingly or intentionally fails toprovide support to his spouse, when the spouse needs support,commits nonsupport of a spouse, a Class D felony.
(b) It is a defense that the accused person was unable to providesupport.As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.89; Acts 1978, P.L.144, SEC.10.
IC 35-46-1-7
Nonsupport of a parent
Sec. 7. (a) A person who knowingly or intentionally fails toprovide support to his parent, when the parent is unable to supporthimself, commits nonsupport of a parent, a Class A misdemeanor.
(b) It is a defense that the accused person had not been supportedby the parent during the time he was a dependent child undereighteen (18) years of age, unless the parent was unable to providesupport.
(c) It is a defense that the accused person was unable to providesupport.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.90; Acts 1978, P.L.144, SEC.11.
IC 35-46-1-8
Contributing to the delinquency of a minor
Sec. 8. (a) A person at least eighteen (18) years of age whoknowingly or intentionally encourages, aids, induces, or causes aperson less than eighteen (18) years of age to commit an act ofdelinquency (as defined by IC 31-37-1 or IC 31-37-2) commitscontributing to delinquency, a Class A misdemeanor.
(b) However, the offense described in subsection (a) is a Class Cfelony:
(1) if:
(A) the person committing the offense is at least twenty-one(21) years of age and knowingly or intentionally furnishes:
(i) an alcoholic beverage to a person less than eighteen(18) years of age in violation of IC 7.1-5-7-8 when theperson committing the offense knew or reasonably shouldhave known that the person furnished the alcoholicbeverage was less than eighteen (18) years of age; or
(ii) a controlled substance (as defined in IC 35-48-1-9) ora drug (as defined in IC 9-13-2-49.1) in violation ofIndiana law; and
(B) the consumption, ingestion, or use of the alcoholicbeverage, controlled substance, or drug is the proximatecause of the death of any person; or
(2) if the person committing the offense knowingly orintentionally encourages, aids, induces, or causes a person lessthan eighteen (18) years of age to commit an act that would bea felony if committed by an adult under any of the following:
(A) IC 35-48-4-1.
(B) IC 35-48-4-1.1.
(C) IC 35-48-4-2.
(D) IC 35-48-4-3.
(E) IC 35-48-4-4.
(F) IC 35-48-4-4.5. (G) IC 35-48-4-4.6.
(H) IC 35-48-4-5.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.91; Acts 1978, P.L.144, SEC.12; Acts 1979, P.L.276,SEC.58; P.L.216-1996, SEC.24; P.L.1-1997, SEC.152; P.L.46-2004,SEC.2; P.L.2-2005, SEC.126; P.L.1-2006, SEC.533; P.L.151-2006,SEC.18.
IC 35-46-1-9
Profiting from adoption
Sec. 9. (a) Except as provided in subsection (b), a person who,with respect to an adoption, transfers or receives any property inconnection with the waiver of parental rights, the termination ofparental rights, the consent to adoption, or the petition for adoptioncommits profiting from an adoption, a Class D felony.
(b) This section does not apply to the transfer or receipt of:
(1) reasonable attorney's fees;
(2) hospital and medical expenses concerning childbirth andpregnancy incurred by the adopted person's birth mother;
(3) reasonable charges and fees levied by a child placing agencylicensed under IC 31-27 or the department of child services;
(4) reasonable expenses for psychological counseling relatingto adoption incurred by the adopted person's birth parents;
(5) reasonable costs of housing, utilities, and phone service forthe adopted person's birth mother during the second or thirdtrimester of pregnancy and not more than six (6) weeks afterchildbirth;
(6) reasonable costs of maternity clothing for the adoptedperson's birth mother;
(7) reasonable travel expenses incurred by the adopted person'sbirth mother that relate to the pregnancy or adoption;
(8) any additional itemized necessary living expenses for theadopted person's birth mother during the second or thirdtrimester of pregnancy and not more than six (6) weeks afterchildbirth, not listed in subdivisions (5) through (7) in anamount not to exceed one thousand dollars ($1,000); or
(9) other charges and fees approved by the court supervising theadoption, including reimbursement of not more than actualwages lost as a result of the inability of the adopted person'sbirth mother to work at her regular, existing employment due toa medical condition, excluding a psychological condition, if:
(A) the attending physician of the adopted person's birthmother has ordered or recommended that the adoptedperson's birth mother discontinue her employment; and
(B) the medical condition and its direct relationship to thepregnancy of the adopted person's birth mother aredocumented by her attending physician.
In determining the amount of reimbursable lost wages, if any, that arereasonably payable to the adopted person's birth mother undersubdivision (9), the court shall offset against the reimbursable lost
wages any amounts paid to the adopted person's birth mother undersubdivisions (5) and (8) and any unemployment compensationreceived by or owed to the adopted person's birth mother.
(c) Except as provided in this subsection, payments made undersubsection (b)(5) through (b)(9) may not exceed three thousanddollars ($3,000) and must be disclosed to the court supervising theadoption. The amounts paid under subsection (b)(5) through (b)(9)may exceed three thousand dollars ($3,000) to the extent that a courtin Indiana with jurisdiction over the child who is the subject of theadoption approves the expenses after determining that:
(1) the expenses are not being offered as an inducement toproceed with an adoption; and
(2) failure to make the payments may seriously jeopardize thehealth of either the child or the mother of the child and thedirect relationship is documented by a licensed social worker orthe attending physician.
(d) The payment limitation under subsection (c) applies to thetotal amount paid under subsection (b)(5) through (b)(9) inconnection with an adoption from all prospective adoptive parents,attorneys, and licensed child placing agencies.
(e) An attorney or licensed child placing agency shall inform abirth mother of the penalties for committing adoption deceptionunder section 9.5 of this chapter before the attorney or agencytransfers a payment for adoption related expenses under subsection(b) in relation to the birth mother.
(f) The limitations in this section apply regardless of the state orcountry in which the adoption is finalized.
As added by Acts 1980, P.L.208, SEC.2. Amended by P.L.117-1990,SEC.6; P.L.2-1992, SEC.882; P.L.81-1992, SEC.39; P.L.1-1993,SEC.241; P.L.4-1993, SEC.326; P.L.5-1993, SEC.333;P.L.226-1996, SEC.1; P.L.200-1999, SEC.32; P.L.130-2005,SEC.14; P.L.145-2006, SEC.371; P.L.146-2007, SEC.18;P.L.146-2008, SEC.683.
IC 35-46-1-9.5
Adoption deception
Sec. 9.5. A person who is a birth mother, or a woman who holdsherself out to be a birth mother, and who knowingly or intentionallybenefits from adoption related expenses paid:
(1) when the person knows or should have known that theperson is not pregnant;
(2) by or on behalf of a prospective adoptive parent who isunaware that at the same time another prospective adoptiveparent is also paying adoption related expenses described undersection 9(b) of this chapter in an effort to adopt the same child;or
(3) when the person does not intend to make an adoptiveplacement;
commits adoption deception, a Class A misdemeanor. In addition toany other penalty imposed under this section, a court may order the
person who commits adoption deception to make restitution to aprospective adoptive parent, attorney, or licensed child placingagency that incurs an expense as a result of the offense.
As added by P.L.200-1999, SEC.33. Amended by P.L.61-2003,SEC.21; P.L.146-2007, SEC.19.
IC 35-46-1-10
Sale or distribution of tobacco to minors; defenses
Sec. 10. (a) A person who knowingly:
(1) sells or distributes tobacco to a person less than eighteen(18) years of age; or
(2) purchases tobacco for delivery to another person who is lessthan eighteen (18) years of age;
commits a Class C infraction. For a sale to take place under thissection, the buyer must pay the seller for the tobacco product.
(b) It is not a defense that the person to whom the tobacco wassold or distributed did not smoke, chew, or otherwise consume thetobacco.
(c) The following defenses are available to a person accused ofselling or distributing tobacco to a person who is less than eighteen(18) years of age:
(1) The buyer or recipient produced a driver's license bearingthe purchaser's or recipient's photograph, showing that thepurchaser or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographicidentification card issued under IC 9-24-16-1, or a similar cardissued under the laws of another state or the federalgovernment, showing that the purchaser or recipient was oflegal age to make the purchase.
(3) The appearance of the purchaser or recipient was such thatan ordinary prudent person would believe that the purchaser orrecipient was not less than the age that complies withregulations promulgated by the federal Food and DrugAdministration.
(d) It is a defense that the accused person sold or delivered thetobacco to a person who acted in the ordinary course of employmentor a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, "distribute" means to give tobacco toanother person as a means of promoting, advertising, or marketingthe tobacco to the general public.
(f) Unless a person buys or receives tobacco under the directionof a law enforcement officer as part of an enforcement action, aperson who sells or distributes tobacco is not liable for a violation ofthis section unless the person less than eighteen (18) years of agewho bought or received the tobacco is issued a citation or summons
under section 10.5 of this chapter.
(g) Notwithstanding IC 34-28-5-4(c), civil penalties collectedunder this section must be deposited in the Richard D. Doyle youthtobacco education and enforcement fund (IC 7.1-6-2-6).
As added by Acts 1980, P.L.209, SEC.1. Amended by P.L.330-1983,SEC.1; P.L.318-1987, SEC.3; P.L.125-1988, SEC.4; P.L.177-1999,SEC.10; P.L.1-2001, SEC.37; P.L.204-2001, SEC.65; P.L.252-2003,SEC.17.
IC 35-46-1-10.1
Establishment's selling or furnishing alcoholic beverages tominors; civil penalties; defenses
Sec. 10.1. (a) If a permit holder or an agent or employee of apermit holder violates IC 7.1-5-7-8 on the licensed premises, inaddition to any other penalty, a civil judgment may be imposedagainst the permit holder as follows:
(1) If the licensed premises at that specific business location hasnot been issued a citation or summons for a violation ofIC 7.1-5-7-8 in the previous one hundred eighty (180) days, acivil penalty of up to two hundred dollars ($200).
(2) If the licensed premises at that specific business location hashad one (1) citation or summons for a violation of IC 7.1-5-7-8in the previous one hundred eighty (180) days, a civil penalty ofup to four hundred dollars ($400).
(3) If the licensed premises at that specific business location hashad two (2) citations or summonses for a violation ofIC 7.1-5-7-8 in the previous one hundred eighty (180) days, acivil penalty of up to seven hundred dollars ($700).
(4) If the licensed premises at that specific business location hashad three (3) or more citations or summonses for a violation ofIC 7.1-5-7-8 in the previous one hundred eighty (180) days, acivil penalty of up to one thousand dollars ($1,000).
(b) The defenses set forth in IC 7.1-5-7-5.1 are available to apermit holder in an action under this section.
(c) Unless a person less than twenty-one (21) years of age buys orreceives an alcoholic beverage under the direction of a lawenforcement officer as part of an enforcement action, a permit holderthat sells alcoholic beverages is not liable under this section unlessthe person less than twenty-one (21) years of age who bought orreceived the alcoholic beverage is charged for violating IC 7.1-5-7-7.
(d) All civil penalties collected under this section shall bedeposited in the alcohol and tobacco commission's enforcement andadministration fund under IC 7.1-4-10.
As added by P.L.94-2008, SEC.61.
IC 35-46-1-10.2
Retail establishment's sale or distribution of tobacco to minors;defenses
Sec. 10.2. (a) A retail establishment that sells or distributestobacco to a person less than eighteen (18) years of age commits a
Class C infraction. For a sale to take place under this section, thebuyer must pay the retail establishment for the tobacco product.Notwithstanding IC 34-28-5-4(c), a civil judgment for an infractioncommitted under this section must be imposed as follows:
(1) If the retail establishment at that specific business locationhas not been issued a citation or summons for a violation of thissection in the previous one hundred eighty (180) days, a civilpenalty of up to two hundred dollars ($200).
(2) If the retail establishment at that specific business locationhas had one (1) citation or summons issued for a violation ofthis section in the previous one hundred eighty (180) days, acivil penalty of up to four hundred dollars ($400).
(3) If the retail establishment at that specific business locationhas had two (2) citations or summonses issued for a violation ofthis section in the previous one hundred eighty (180) days, acivil penalty of up to seven hundred dollars ($700).
(4) If the retail establishment at that specific business locationhas had three (3) or more citations or summonses issued for aviolation of this section in the previous one hundred eighty(180) days, a civil penalty of up to one thousand dollars($1,000).
A retail establishment may not be issued a citation or summons fora violation of this section more than once every twenty-four (24)hours for each specific business location.
(b) It is not a defense that the person to whom the tobacco wassold or distributed did not smoke, chew, or otherwise consume thetobacco.
(c) The following defenses are available to a retail establishmentaccused of selling or distributing tobacco to a person who is less thaneighteen (18) years of age:
(1) The buyer or recipient produced a driver's license bearingthe purchaser's or recipient's photograph showing that thepurchaser or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographicidentification card issued under IC 9-24-16-1 or a similar cardissued under the laws of another state or the federal governmentshowing that the purchaser or recipient was of legal age to makethe purchase.
(3) The appearance of the purchaser or recipient was such thatan ordinary prudent person would believe that the purchaser orrecipient was not less than the age that complies withregulations promulgated by the federal Food and DrugAdministration.
(d) It is a defense that the accused retail establishment sold ordelivered the tobacco to a person who acted in the ordinary course ofemployment or a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or (5) retailing.
(e) As used in this section, "distribute" means to give tobacco toanother person as a means of promoting, advertising, or marketingthe tobacco to the general public.
(f) Unless a person buys or receives tobacco under the directionof a law enforcement officer as part of an enforcement action, a retailestablishment that sells or distributes tobacco is not liable for aviolation of this section unless the person less than eighteen (18)years of age who bought or received the tobacco is issued a citationor summons under section 10.5 of this chapter.
(g) Notwithstanding IC 34-28-5-5(c), civil penalties collectedunder this section must be deposited in the Richard D. Doyle youthtobacco education and enforcement fund (IC 7.1-6-2-6).
(h) A person who violates subsection (a) at least six (6) times inany one hundred eighty (180) day period commits habitual illegalsale of tobacco, a Class B infraction.
As added by P.L.177-1999, SEC.11. Amended by P.L.14-2000,SEC.72; P.L.1-2001, SEC.38; P.L.250-2003, SEC.17; P.L.252-2003,SEC.18; P.L.94-2008, SEC.62.
IC 35-46-1-10.5
Purchase, acceptance, or possession of tobacco; defenses
Sec. 10.5. (a) A person less than eighteen (18) years of age who:
(1) purchases tobacco;
(2) accepts tobacco for personal use; or
(3) possesses tobacco on his person;
commits a Class C infraction.
(b) It is a defense under subsection (a) that the accused personacted in the ordinary course of employment in a business concerningtobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
As added by P.L.125-1988, SEC.5. Amended by P.L.256-1996,SEC.13.
IC 35-46-1-11
Retail sale of tobacco; warning notices required; failure to post;offenses
Sec. 11. (a) A tobacco vending machine that is located in a publicplace must bear the following conspicuous notices:
(1) A notice:
(A) that reads as follows, with the capitalization indicated:"If you are under 18 years of age, YOU ARE FORBIDDENby Indiana law to buy tobacco from this machine."; or
(B) that:
(i) conveys a message substantially similar to the messagedescribed in clause (A); and (ii) is formatted with words and in a form authorized underthe rules adopted by the alcohol and tobacco commission.
(2) A notice that reads as follows, "Smoking by PregnantWomen May Result in Fetal Injury, Premature Birth, and LowBirth Weight."
(3) A notice printed in letters and numbers at least one-half(1/2) inch high that displays a toll free phone number forassistance to callers in quitting smoking, as determined by thestate department of health.
(b) A person who owns or has control over a tobacco vendingmachine in a public place and who:
(1) fails to post a notice required by subsection (a) on thevending machine; or
(2) fails to replace a notice within one (1) month after it isremoved or defaced;
commits a Class C infraction.
(c) An establishment selling tobacco at retail shall post andmaintain in a conspicuous place, at the point of sale, the following:
(1) Signs printed in letters at least one-half (1/2) inch high,reading as follows:
(A) "The sale of tobacco to persons under 18 years of age isforbidden by Indiana law."
(B) "Smoking by Pregnant Women May Result in FetalInjury, Premature Birth, and Low Birth Weight."
(2) A sign printed in letters and numbers at least one-half (1/2)inch high that displays a toll free phone number for assistanceto callers in quitting smoking, as determined by the statedepartment of health.
(d) A person who:
(1) owns or has control over an establishment selling tobacco atretail; and
(2) fails to post and maintain the sign required by subsection(c);
commits a Class C infraction.
As added by P.L.330-1983, SEC.2. Amended by P.L.318-1987,SEC.4; P.L.204-2001, SEC.66; P.L.94-2008, SEC.63.
IC 35-46-1-11.2
Operation of tobacco business near school prohibited
Sec. 11.2. (a) This section does not apply to a tobacco business:
(1) operating as a tobacco business before April 1, 1996; or
(2) that begins operating as a tobacco business after April 1,1996, if at the time the tobacco business begins operation thetobacco business is not located in an area prohibited under thissection.
(b) A person may not operate a tobacco business within twohundred (200) feet of a public or private elementary or secondaryschool, as measured between the nearest point of the premisesoccupied by the tobacco business and the nearest point of a buildingused by the school for instructional purposes. (c) A person who violates this section commits a Class Cmisdemeanor.
As added by P.L.256-1996, SEC.11.
IC 35-46-1-11.3
Repealed
(Repealed by P.L.250-2003, SEC.19.)
IC 35-46-1-11.5
Coin machines for sale or distribution of tobacco
Sec. 11.5. (a) Except for a coin machine that is placed in ordirectly adjacent to an entranceway or an exit, or placed in a hallway,a restroom, or another common area that is accessible to persons whoare less than eighteen (18) years of age, this section does not applyto a coin machine that is located in the following:
(1) That part of a licensed premises (as defined inIC 7.1-1-3-20) where entry is limited to persons who are at leasteighteen (18) years of age.
(2) Private industrial or office locations that are customarilyaccessible only to persons who are at least eighteen (18) yearsof age.
(3) Private clubs if the membership is limited to persons whoare at least eighteen (18) years of age.
(4) Riverboats where entry is limited to persons who are at leasttwenty-one (21) years of age and on which lawful gambling isauthorized.
(b) As used in this section, "coin machine" has the meaning setforth in IC 35-43-5-1.
(c) Except as provided in subsection (a), an owner of a retailestablishment may not:
(1) distribute or sell tobacco by use of a coin machine; or
(2) install or maintain a coin machine that is intended to be usedfor the sale or distribution of tobacco.
(d) An owner of a retail establishment who violates this sectioncommits a Class C infraction. A citation or summons issued underthis section must provide notice that the coin machine must bemoved within two (2) business days. NotwithstandingIC 34-28-5-4(c), a civil judgment for an infraction committed underthis section must be imposed as follows:
(1) If the owner of the retail establishment has not been issueda citation or summons for a violation of this section in theprevious ninety (90) days, a civil penalty of fifty dollars ($50).
(2) If the owner of the retail establishment has had one (1)citation or summons issued for a violation of this section in theprevious ninety (90) days, a civil penalty of two hundred fiftydollars ($250).
(3) If the owner of the retail establishment has had two (2)citations or summonses issued for a violation of this section inthe previous ninety (90) days for the same machine, the coinmachine shall be removed or impounded by a law enforcement
officer having jurisdiction where the violation occurs.
An owner of a retail establishment may not be issued a citation orsummons for a violation of this section more than once every two (2)business days for each business location.
(e) Notwithstanding IC 34-28-5-5(c), civil penalties collectedunder this section must be deposited in the Richard D. Doyle youthtobacco education and enforcement fund established underIC 7.1-6-2-6.
As added by P.L.49-1990, SEC.20. Amended by P.L.177-1999,SEC.13; P.L.14-2000, SEC.73; P.L.1-2001, SEC.40; P.L.252-2003,SEC.20.
IC 35-46-1-11.7
Minors prohibited from entering retail establishment thatprimarily sells tobacco products; posting notices required; civilpenalties
Sec. 11.7. (a) A retail establishment that has as its primarypurpose the sale of tobacco products may not allow an individualwho is less than eighteen (18) years of age to enter the retailestablishment.
(b) An individual who is less than eighteen (18) years of age maynot enter a retail establishment described in subsection (a).
(c) A retail establishment described in subsection (a) mustconspicuously post on all entrances to the retail establishment thefollowing:
(1) A sign in boldface type that states "NOTICE: It is unlawfulfor a person less than 18 years old to enter this store.".
(2) A sign printed in letters and numbers at least one-half (1/2)inch high that displays a toll free phone number for assistanceto callers in quitting smoking, as determined by the statedepartment of health.
(d) A person who violates this section commits a Class Cinfraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for aninfraction committed under this section must be imposed as follows:
(1) If the person has not been cited for a violation of this sectionin the previous one hundred eighty (180) days, a civil penalty ofup to two hundred dollars ($200).
(2) If the person has had one (1) violation in the previous onehundred eighty (180) days, a civil penalty of up to four hundreddollars ($400).
(3) If the person has had two (2) violations in the previous onehundred eighty (180) days, a civil penalty of up to sevenhundred dollars ($700).
(4) If the person has had three (3) or more violations in theprevious one hundred eighty (180) days, a civil penalty of up toone thousand dollars ($1,000).
A person may not be cited more than once every twenty-four (24)hours.
(e) Notwithstanding IC 34-28-5-5(c), civil penalties collectedunder this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund established underIC 7.1-6-2-6.
(f) A person who violates subsection (a) at least six (6) times inany one hundred eighty (180) day period commits habitual illegalentrance by a minor, a Class B infraction.
As added by P.L.177-1999, SEC.14. Amended by P.L.14-2000,SEC.74; P.L.1-2001, SEC.41; P.L.252-2003, SEC.21; P.L.94-2008,SEC.64.
IC 35-46-1-11.8
Cigarette self-service displays
Sec. 11.8. (a) As used in this section, "self-service display" meansa display that contains cigarettes in an area where a customer:
(1) is permitted; and
(2) has access to the cigarettes without assistance from a salesperson.
(b) This section does not apply to a self-service display located ina retail establishment that:
(1) has a primary purpose to sell cigarettes; and
(2) prohibits entry by persons who are less than eighteen (18)years of age.
(c) The owner of a retail establishment that sells or distributescigarettes through a self-service display, other than a coin operatedmachine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commitsa Class C infraction.
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collectedunder this section must be deposited in the Richard D. Doyle youthtobacco education and enforcement fund (IC 7.1-6-2-6).
As added by P.L.37-2007, SEC.1.
IC 35-46-1-12
Exploitation of dependent or endangered adult; financialexploitation of endangered adult; violation classification
Sec. 12. (a) Except as provided in subsection (b), a person whorecklessly, knowingly, or intentionally exerts unauthorized use of thepersonal services or the property of:
(1) an endangered adult; or
(2) a dependent eighteen (18) years of age or older;
for the person's own profit or advantage or for the profit or advantageof another person commits exploitation of a dependent or anendangered adult, a Class A misdemeanor.
(b) The offense described in subsection (a) is a Class D felony if:
(1) the fair market value of the personal services or property ismore than ten thousand dollars ($10,000); or
(2) the endangered adult or dependent is at least sixty (60) yearsof age.
(c) Except as provided in subsection (d), a person who recklessly,knowingly, or intentionally deprives an endangered adult or adependent of the proceeds of the endangered adult's or thedependent's benefits under the Social Security Act or other
retirement program that the division of family resources hasbudgeted for the endangered adult's or dependent's health carecommits financial exploitation of an endangered adult or adependent, a Class A misdemeanor.
(d) The offense described in subsection (c) is a Class D felony if:
(1) the amount of the proceeds is more than ten thousand dollars($10,000); or
(2) the endangered adult or dependent is at least sixty (60) yearsof age.
(e) It is not a defense to an offense committed under subsection(b)(2) or (d)(2) that the accused person reasonably believed that theendangered adult or dependent was less than sixty (60) years of ageat the time of the offense.
(f) It is a defense to an offense committed under subsection (a),(b), or (c) if the accused person:
(1) has been granted a durable power of attorney or has beenappointed a legal guardian to manage the affairs of anendangered adult or a dependent; and
(2) was acting within the scope of the accused person'sfiduciary responsibility.
As added by Acts 1981, P.L.299, SEC.3. Amended by P.L.185-1984,SEC.3; P.L.37-1990, SEC.26; P.L.2-1992, SEC.883; P.L.4-1993,SEC.327; P.L.5-1993, SEC.334; P.L.145-2001, SEC.1;P.L.145-2006, SEC.372; P.L.146-2008, SEC.684.
IC 35-46-1-13
Battery, neglect, or exploitation of endangered adult; failure toreport; unlawful disclosure; referrals; retaliation
Sec. 13. (a) A person who:
(1) believes or has reason to believe that an endangered adult isthe victim of battery, neglect, or exploitation as prohibited bythis chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E);and
(2) knowingly fails to report the facts supporting that belief tothe division of disability and rehabilitative services, the divisionof aging, the adult protective services unit designated underIC 12-10-3, or a law enforcement agency having jurisdictionover battery, neglect, or exploitation of an endangered adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protectiveservices unit who unlawfully discloses information contained in therecords of the division of aging under IC 12-10-3-12 throughIC 12-10-3-16 commits a Class C infraction.
(c) A law enforcement agency that receives a report that anendangered adult is or may be a victim of battery, neglect, orexploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), orIC 35-42-2-1(a)(2)(E) shall immediately communicate the report tothe adult protective services unit designated under IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares anegative work performance evaluation, reduces benefits, pay, or
work privileges, or takes other action to retaliate against anindividual who in good faith makes a report under IC 12-10-3-9concerning an endangered individual commits a Class A infraction.
As added by Acts 1981, P.L.299, SEC.4. Amended by P.L.185-1984,SEC.4; P.L.39-1985, SEC.3; P.L.41-1987, SEC.20; P.L.42-1987,SEC.14; P.L.2-1992, SEC.884; P.L.4-1993, SEC.328; P.L.5-1993,SEC.335; P.L.2-1997, SEC.75; P.L.281-2003, SEC.4; P.L.141-2006,SEC.112.
IC 35-46-1-14
Reporting or documenting battery, neglect, or exploitation;immunity from civil or criminal liability
Sec. 14. Any person acting in good faith who:
(1) makes or causes to be made a report of neglect, battery, orexploitation under this chapter, IC 35-42-2-1(a)(2)(C), orIC 35-42-2-1(a)(2)(E);
(2) makes or causes to be made photographs or x-rays of avictim of suspected neglect or battery of an endangered adult ora dependent eighteen (18) years of age or older; or
(3) participates in any official proceeding or a proceedingresulting from a report of neglect, battery, or exploitation of anendangered adult or a dependent eighteen (18) years of age orolder relating to the subject matter of that report;
is immune from any civil or criminal liability that might otherwise beimposed because of these actions. However, this section does notapply to a person accused of neglect, battery, or exploitation of anendangered adult or a dependent eighteen (18) years of age or older.
As added by Acts 1981, P.L.299, SEC.5. Amended by P.L.185-1984,SEC.5; P.L.2-1997, SEC.76; P.L.2-1998, SEC.81; P.L.2-2005,SEC.127.
IC 35-46-1-15
Repealed
(Repealed by P.L.1-1991, SEC.200.)
IC 35-46-1-15.1
Invasion of privacy; offense; penalties
Sec. 15.1. A person who knowingly or intentionally violates:
(1) a protective order to prevent domestic or family violenceissued under IC 34-26-5 (or, if the order involved a family orhousehold member, under IC 34-26-2 or IC 34-4-5.1-5 beforetheir repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, ifthe order involved a family or household member, anemergency order issued under IC 34-26-2 or IC 34-4-5.1 beforetheir repeal);
(3) a workplace violence restraining order issued underIC 34-26-6;
(4) a no contact order in a dispositional decree issued underIC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an orderissued under IC 31-32-13 (or IC 31-6-7-14 before its repeal)that orders the person to refrain from direct or indirect contactwith a child in need of services or a delinquent child;
(5) a no contact order issued as a condition of pretrial release,including release on bail or personal recognizance, or pretrialdiversion, and including a no contact order issued underIC 35-33-8-3.6;
(6) a no contact order issued as a condition of probation;
(7) a protective order to prevent domestic or family violenceissued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2before their repeal);
(8) a protective order to prevent domestic or family violenceissued under IC 31-14-16-1 in a paternity action;
(9) a no contact order issued under IC 31-34-25 in a child inneed of services proceeding or under IC 31-37-25 in a juveniledelinquency proceeding;
(10) an order issued in another state that is substantially similarto an order described in subdivisions (1) through (9);
(11) an order that is substantially similar to an order describedin subdivisions (1) through (9) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an AlaskaNative village or regional or village corporation as definedin or established under the Alaska Native Claims SettlementAct (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs andservices provided by the United States to Indians because oftheir special status as Indians;
(12) an order issued under IC 35-33-8-3.2; or
(13) an order issued under IC 35-38-1-30;
commits invasion of privacy, a Class A misdemeanor. However, theoffense is a Class D felony if the person has a prior unrelatedconviction for an offense under this section.
As added by P.L.1-1991, SEC.201. Amended by P.L.49-1993,SEC.14; P.L.242-1993, SEC.5; P.L.1-1994, SEC.170; P.L.23-1994,SEC.17; P.L.303-1995, SEC.1; P.L.1-1997, SEC.153; P.L.37-1997,SEC.3; P.L.1-1998, SEC.199; P.L.1-2001, SEC.42; P.L.280-2001,SEC.53; P.L.1-2002, SEC.150; P.L.133-2002, SEC.67;P.L.104-2008, SEC.22; P.L.94-2010, SEC.12.
IC 35-46-1-16
Invasion of privacy convictions; record of persons protected byorders
Sec. 16. The law enforcement agency with custody of a personwho is sentenced to a term of imprisonment of more than ten (10)days following conviction of a crime under section 15.1 of this
chapter shall maintain a confidential record of the:
(1) name;
(2) address; and
(3) telephone number;
of each person that the person convicted under section 15.1 of thischapter is required to refrain from direct or indirect contact withunder an order described by section 15.1 of this chapter.
As added by P.L.53-1989, SEC.10. Amended by P.L.1-1991,SEC.202.
IC 35-46-1-17
Persons convicted of invasion of privacy; denial of access toprotective order information
Sec. 17. A person convicted of a crime under section 15.1 of thischapter may not have access to the information maintained undersection 16 of this chapter.
As added by P.L.53-1989, SEC.11. Amended by P.L.1-1991,SEC.203.
IC 35-46-1-18
Invasion of privacy convictions; release and hearings; notice topersons protected by orders
Sec. 18. The law enforcement agency having custody of a personwho is sentenced to a term of imprisonment of more than ten (10)days following conviction of a crime under section 15.1 of thischapter shall:
(1) provide each person described in section 16 of this chapterwith written notification of:
(A) the release of a person convicted of a crime undersection 15.1 of this chapter; and
(B) the date, time, and place of any substantive hearingconcerning a violation of section 15.1 of this chapter by aperson who is sentenced to a term of imprisonment of morethan ten (10) days following conviction of a crime undersection 15.1 of this chapter; and
(2) attempt to notify each person described in section 16 of thischapter by telephone to provide the information described insubdivision (1).
As added by P.L.53-1989, SEC.12. Amended by P.L.1-1991,SEC.204.
IC 35-46-1-19
Invasion of privacy convictions; time of notice to persons protectedby orders
Sec. 19. The law enforcement agency shall:
(1) provide written notice; and
(2) attempt notification by telephone;
under section 18 of this chapter at least twenty-four (24) hours beforethe release or hearing.
As added by P.L.53-1989, SEC.13.
IC 35-46-1-20
Enforcement of foreign protection orders
Sec. 20. A law enforcement officer shall enforce a foreignprotection order (as defined in IC 34-6-2-48.5) in conformity with theprocedures in IC 34-26-5-17.
As added by P.L.280-2001, SEC.54. Amended by P.L.133-2002,SEC.68.
IC 35-46-1-21
Unauthorized adoption advertising; telephone directory publisherrequirements
Sec. 21. (a) Only a person that is an attorney licensed to practicelaw or a child placing agency licensed under the laws of Indiana mayplace a paid advertisement or paid listing of the person's telephonenumber, on the person's own behalf, in a telephone directory that:
(1) a child is offered or wanted for adoption; or
(2) the person is able to place, locate, or receive a child foradoption.
(b) A person that publishes a telephone directory that isdistributed in Indiana:
(1) shall include, at the beginning of any classified heading foradoption and adoption services, a statement that informsdirectory users that only attorneys licensed to practice law andlicensed child placing agencies may legally provide adoptionservices under Indiana law; and
(2) may publish an advertisement described in subsection (a) inthe telephone directory only if the advertisement contains thefollowing:
(A) For an attorney licensed to practice law in Indiana, theperson's attorney number.
(B) For a child placing agency licensed under the laws ofIndiana, the number on the person's child placing agencylicense.
(c) A person who knowingly or intentionally violates subsection(a) commits unauthorized adoption advertising, a Class Amisdemeanor.
As added by P.L.146-2007, SEC.20. Amended by P.L.21-2010,SEC.10.
IC 35-46-1-22
Unauthorized adoption facilitation
Sec. 22. (a) As used in this section, "adoption services" means atleast one (1) of the following services that is provided forcompensation, an item of value, or reimbursement, either directly orindirectly, and provided either before or after the services arerendered:
(1) Arranging for the placement of a child.
(2) Identifying a child for adoption.
(3) Matching adoptive parents with biological parents.
(4) Arranging or facilitating an adoption. (5) Taking or acknowledging consents or surrenders fortermination of parental rights for adoption purposes.
(6) Performing background studies on:
(A) a child who is going to be adopted; or
(B) adoptive parents.
(7) Making determinations concerning the best interests of achild and the appropriateness in placing the child for adoption.
(8) Postplacement monitoring of a child before the child isadopted.
(b) As used in this section, the term "adoption services" does notinclude the following:
(1) Legal services provided by an attorney licensed in Indiana.
(2) Adoption related services provided by a governmental entityor a person appointed to perform an investigation by the court.
(3) General education and training on adoption issues.
(4) Postadoption services, including supportive services tofamilies to promote the well-being of members of adoptivefamilies or birth families.
(c) This section does not apply to the following persons:
(1) The department of child services, an agency or personauthorized to act on behalf of the department of child services,or a similar agency or county office with similar responsibilitiesin another state.
(2) The division of family resources, an agency or personauthorized to act on behalf of the division of family resources,or a similar agency or county office with similar responsibilitiesin another state.
(3) A child placing agency licensed under the laws of Indiana.
(4) An attorney licensed to practice law in Indiana.
(5) A prospective biological parent or adoptive parent acting onthe individual's own behalf.
(d) A person who knowingly or intentionally provides, engages in,or facilitates adoption services to a birth parent or prospectiveadoptive parent who resides in Indiana commits unauthorizedadoption facilitation, a Class A misdemeanor.
As added by P.L.146-2007, SEC.21. Amended by P.L.146-2008,SEC.685; P.L.21-2010, SEC.11.