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 [effective March 26,
2014].
(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
