ALCOHOLIC BEVERAGE OFFENSES
3
(C) witnessed and reported what the
person reasonably believed to be a
crime.
(2) The person described in subdivision
(1)(A), (1)(B), or (1)(C):
(A) provided:
(i) the person’s full name; and
(ii) any other relevant information
requested by the law enforcement
officer; and
(B) in the case of a person described in
subdivision (1)(A):
(i) remained at the scene with the
individual who reasonably
appeared to be in need of medical
assistance until emergency med-
ical assistance arrived; and
(ii) cooperated with emergency
medical assistance personnel and
law enforcement officers at the
scene.
(b) A person who meets the criteria of sub-
section (a)(1) and (a)(2) is immune from criminal
prosecution for an offense under:
(1) section 3 of this chapter if the offense
involved a state of intoxication caused by
the person’s use of alcohol;
(2) section 6 of this chapter if the offense
involved the person being, or becoming,
intoxicated as a result of the person’s use
of alcohol; and
(3) IC 7.1-5-7-7.
(c) A person may not initiate or maintain an
action against a law enforcement officer based on
the officer’s compliance or failure to comply with
this section.
7.1-5-1-6.6. Deferral of prosecution
[effective March 26, 2014].
(a) This section applies only to a person:
(1) arrested for a violation of:
(A) section 3 of this chapter if the
offense involved a state of intoxica-
tion caused by the person’s use of alco-
hol;
(B) section 6 of this chapter if the
offense involved the person being, or
becoming, intoxicated as a result of
the person’s use of alcohol; or
(C) IC 7.1-5-7-7; and
(2) whose arrest was facilitated because
another person reported that the person
appeared to be in need of medical assis-
tance due to the use of alcohol.
(b) If a person described in subsection (a):
(1) does not have a prior conviction for an
offense described in subsection (a);
(2) pleads guilty to an offense described in
subsection (a); and
(3) agrees to be placed in the custody of the
court;
the court, without entering a judgment of con-
viction, shall defer further proceedings and place
the person in the custody of the court under con-
ditions determined by the court.
(c) If the person placed in the custody of the
court violates the conditions of custody, the court
may enter a judgment of conviction. However, if
the person fulfills the conditions of the custody,
the court shall dismiss the charges against the
person.
(d) There may be only one (1) dismissal under
this section with respect to a person.
7.1-5-1-7. Notice of conviction.
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.
7.1-5-1-12. Violation of 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.
Chapter 4. Taxes
7.1-5-4-1.
Sale of untaxed beverages.
7.1-5-4-3.
Unlawful evidence of payment of taxes.
7.1-5-4-5.
Possession or display of counterfeit permit.
7.1-5-4-6.
Statements intended to defraud.
7.1-5-4-7.
Prima facie evidence of intent to defraud.
7.1-5-4-1. Sale of untaxed beverages.
It is a Class C misdemeanor for a person to sell,
barter, give away, or possess an alcoholic bever-
age, knowing that all taxes due the state on it are
not paid.
