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ALCOHOLIC BEVERAGE OFFENSES

2

ALCOHOLIC

BEVERAGE

OFFENSES

TITLE 7.1

ALCOHOL BEVERAGES

ARTICLE 5. CRIMES

[PORTIONS OMITTED]

Ch.  1.

Generally

Ch.  4.

Taxes

Ch.  6.

Permits

Ch.  7.

Minors

Ch.  8.

Prohibited Activities

Ch. 12.

Prohibition on Smoking

Chapter 1. Generally

7.1-5-1-1.

Title as exclusive authorization.

7.1-5-1-3.

Public intoxication.

7.1-5-1-6.

Intoxication upon common carrier.

7.1-5-1-6.5. Immunity from arrest or prosecution.

7.1-5-1-6.6. Deferral of prosecution.

7.1-5-1-7.

Notice of conviction.

7.1-5-1-12. Violation of order.

7.1-5-1-1. Title as exclusive authorization.

(a) It is unlawful for a person to manufacture

for sale, bottle, sell, barter, import, transport,

deliver, furnish, or possess, alcohol or alcoholic

beverages, malt, malt syrup, malt extract, liquid

malt or wort, for commercial purposes except as

authorized in this title.

(b) A person who knowingly or intentionally

violates this section commits a Class B misde-

meanor.

7.1-5-1-3. Public intoxication.

(a) Subject to section 6.5 of this chapter, it is

a Class B misdemeanor for a person to be in a pub-

lic 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’ failure to enforce this section.

7.1-5-1-6. Intoxication upon common carrier.

(a) Subject to section 6.5 of this chapter, it is

a Class B misdemeanor for a person to be, or to

become, intoxicated as a result of the person’s use

of alcohol or a controlled substance (as defined in

IC 35-48-1-9) in or upon a vehicle commonly

used for the public transportation of passengers,

or in or upon a common carrier, or in or about a

depot, station, airport, ticket office, waiting room

or platform, 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.

7.1-5-1-6.5. Immunity from arrest or

prosecution.

(a) A law enforcement officer may not take a

person into custody based solely on the commis-

sion of an offense involving alcohol described in

subsection (b) if the law enforcement officer, after

making a reasonable determination and consid-

ering the facts and surrounding circumstances,

reasonably believes that all of the following apply:

(1) The law enforcement officer has con-

tact with the person because the person:

(A) either:

(i) requested emergency medical

assistance; or

(ii) acted in concert with another

person who requested emergency

medical assistance;

for an individual who reasonably

appeared to be in need of medical assis-

tance;

(B) is the victim of a reported sex

offense (as defined in IC 11-8-8-5.2);

or

(C) witnessed and reported what the