2014 Indiana Criminal Code Book - page 121

CRIMINAL LAWAND PROCEDURE
121
(a) “Synthetic drug lookalike substance,”
except as provided in subsection (b), means one
(1) or more of the following:
(1) A substance, other than a synthetic
drug, which any of the factors listed in
subsection (c) would lead a reasonable
person to believe to be a synthetic drug. (2)
A substance, other than a synthetic drug:
(A) that a person knows or should have
known was intended to be consumed;
and
(B) the consumption of which the per-
son knows or should have known to be
intended to cause intoxication.
(b) The term “synthetic drug lookalike sub-
stance” does not include the following:
(1) Food and food ingredients (as defined
in IC 6-2.5-1-20).
(2) Alcohol (as defined in IC 7.1-1-3-4).
(3) A legend drug (as defined in IC 16-18-
2-199).
(4) Tobacco.
(5) A dietary supplement (as defined in
IC 6-2.5-1-16).
(c) In determining whether a substance is a
synthetic drug lookalike substance, the following
factors may be considered:
(1) The overall appearance of a dosage
unit of the substance, including its shape,
color, size, markings or lack of markings,
taste, consistency, and any other identify-
ing physical characteristics.
(2) How the substance is packaged for sale
or distribution, including the shape, color,
size, markings or lack of markings, and any
other identifying physical characteristics of
the packaging.
(3) Any statement made by the owner or
person in control of the substance con-
cerning the substance's nature, use, or
effect.
(4) Any statement made to the buyer or
recipient of the substance suggesting or
implying that the substance is a synthetic
drug.
(5) Any statement made to the buyer or
recipient of the substance suggesting or
implying that the substance may be resold
for profit.
(6) The overall circumstances under which
the substance is distributed, including
whether:
(A) the distribution included an
exchange of, or demand for, money or
other property as consideration; and
(B) the amount of the consideration
was substantially greater than the rea-
sonable retail market value of the sub-
stance the seller claims the substance
to be.
35-31.5-2-323. “Target” defined.
“Target,” for purposes of IC 35-34-2, has the
meaning set forth in IC 35-34-2-1.
35-31.5-2-329. “Terrorism” defined.
“Terrorism” means the unlawful use of force
or violence or the unlawful threat of force or vio-
lence to intimidate or coerce a government or all
or part of the civilian population.
35-31.5-2-337.5. “Tracking device” defined.
“Tracking device”, for purposes of IC 35-33-
5 and this chapter, means an electronic or mechan-
ical device that allows a person to remotely
determine or track the position or movement of
another person or an object. The term includes the
following:
(1) Adevice that stores geographic data for
subsequent access or analysis.
(2) A device that allows real-time moni-
toring or movement.
(3) An unmanned aerial vehicle.
(4) A cellular telephone or other wireless
or cellular communications device.
35-31.5-2-340. “Unit” defined.
“Unit,” for purposes of IC 35-40-14, has the
meaning set forth in IC 35-40-14-2.ce.
35-31.5-2-342.3. “Unmanned aerial vehicle”
defined.
“Unmanned aerial vehicle”, for purposes of IC
35-33-5, has the meaning set forth in IC 35-33-5-
0.5(7).
35-31.5-2-343.5. “Use of a tracking device”
defined.
“Use of a tracking device”, for purposes of IC
35-33-5, includes the installation, maintenance,
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