reglab/housing_qa huggingface dataset:
IN Code § 35-48-4-12.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 48. Controlled Substances|Chapter 4. Offenses Relating to Controlled Substances|35-48-4-12.5. Priority Enrollment in Certain Treatment Programs; Exceptions

Sec. 12.5. (a) This section applies to a person:(1) charged with or convicted of a violation of section 6 of this chapter based on the possession of a narcotic drug classified in schedule I or II; and(2) who was administered an overdose intervention drug (as defined in IC 16-18-2-263.9) for an acute opioid overdose.(b) Except as provided in subsection (c), a person to whom this section applies is entitled to be enrolled on a priority basis in:(1) a forensic diversion program (as described in IC 11-12-3.7) providing a treatment plan for a person with an addictive disorder;(2) a pretrial diversion program offered by the prosecuting attorney that mandates treatment for addictive disorders; or(3) another county program, including a drug court program, that provides treatment for persons suffering from addictive disorders who have been charged with or convicted of a drug offense.(c) A person to whom this section applies is not entitled to enrollment in a program described in subsection (b) if:(1) an appropriate program is not available in the county;(2) the person is not eligible for an appropriate program; or(3) placement in a program is not appropriate due to the person's criminal history.As added by P.L.125-2017, SEC.2.
IN Code § 35-48-4-14.3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 48. Controlled Substances|Chapter 4. Offenses Relating to Controlled Substances|35-48-4-14.3. Extraction Resistant or Conversion Resistant Ephedrine or Pseudoephedrine

Sec. 14.3. (a) The board shall adopt:(1) a rule under IC 4-22-2; or(2) an emergency rule in the manner provided under IC 4-22-2-37.1;to declare that a product is an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine.(b) The board, in consultation with the state police, shall find that a product is an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine if the board determines that the product does not pose a significant risk of being used in the manufacture of methamphetamine. In making its determination under this subsection, the board may receive information from the federal Drug Enforcement Administration (DEA) as to whether a product is extraction resistant or conversion resistant.As added by P.L.4-2016, SEC.3. Amended by P.L.5-2016, SEC.5.
IN Code § 35-48-4-16 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 48. Controlled Substances|Chapter 4. Offenses Relating to Controlled Substances|35-48-4-16. Defenses to Charge of Selling Narcotics Near School or Park

Sec. 16. (a) For an offense under this chapter that requires proof of:(1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance;(2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or(3) possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance;within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present, the person charged may assert the defense in subsection (b) or (c).(b) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that:(1) a person was briefly in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present; and(2) no person under eighteen (18) years of age at least three (3) years junior to the person was in, on, or within five hundred (500) feet of the school property or public park at the time of the offense.(c) It is a defense for a person charged under this chapter with an offense that contains an element listed in subsection (a) that a person was in, on, or within five hundred (500) feet of school property or a public park:(1) at the request or suggestion of a law enforcement officer or an agent of a law enforcement officer; and(2) while a person less than eighteen (18) years of age was reasonably expected to be present.(d) The defense under this section applies only to the element of the offense that requires proof that the delivery, financing of the delivery, or possession of cocaine, a narcotic drug, methamphetamine, or a controlled substance occurred in, on, or within five hundred (500) feet of school property or a public park while a person less than eighteen (18) years of age was reasonably expected to be present.As added by P.L.17-2001, SEC.29. Amended by P.L.158-2013, SEC.644.
IN Code § 35-48-4-17 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 48. Controlled Substances|Chapter 4. Offenses Relating to Controlled Substances|35-48-4-17. Restitution for Environmental Cleanup

Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental cleanup incurred by a law enforcement agency or other person as a result of the offense.(b) The amount collected under subsection (a) shall be used to reimburse the law enforcement agency that assumed the costs associated with the environmental cleanup described in subsection (a).As added by P.L.225-2003, SEC.6.
IN Code § 35-49-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-1. Definitions Applicable Throughout Article

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-2. "Distribute"

Sec. 2. "Distribute" means to transfer possession for a consideration.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-3. "Matter"

Sec. 3. "Matter" means:(1) any book, magazine, newspaper, or other printed or written material;(2) any picture, drawing, photograph, motion picture, digitized image, or other pictorial representation;(3) any statue or other figure;(4) any recording, transcription, or mechanical, chemical, or electrical reproduction; or(5) any other articles, equipment, machines, or materials.As added by P.L.311-1983, SEC.33. Amended by P.L.3-2002, SEC.3.
IN Code § 35-49-1-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-4. "Minor"

Sec. 4. "Minor" means any individual under the age of eighteen (18) years.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-5. "Nudity"

Sec. 5. "Nudity" means:(1) the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;(2) the showing of the female breast with less than a fully opaque covering of any part of the nipple; or(3) the depiction of covered male genitals in a discernibly turgid state.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-6. "Owner"

Sec. 6. "Owner" means any person who owns or has legal right to possession of any matter.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-7. "Performance"

Sec. 7. "Performance" means any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one (1) or more persons.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-8. "Sado-Masochistic Abuse"

Sec. 8. "Sado-masochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-1-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-9. "Sexual Conduct"

Sec. 9. "Sexual conduct" means:(1) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5);(2) exhibition of the uncovered genitals in the context of masturbation or other sexual activity;(3) exhibition of the uncovered genitals of a person under sixteen (16) years of age;(4) sado-masochistic abuse; or(5) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal.As added by P.L.311-1983, SEC.33. Amended by P.L.158-2013, SEC.645.
IN Code § 35-49-1-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 1. Definitions|35-49-1-10. "Sexual Excitement"

Sec. 10. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-2-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 2. General Provisions|35-49-2-1. Obscene Matter or Performance

Sec. 1. A matter or performance is obscene for purposes of this article if:(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and(3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-2-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 2. General Provisions|35-49-2-2. Matter or Performance Harmful to Minors

Sec. 2. A matter or performance is harmful to minors for purposes of this article if:(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;(2) considered as a whole, it appeals to the prurient interest in sex of minors;(3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and(4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-2-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 2. General Provisions|35-49-2-3. Arrest; Search; Seizure of Matter; Motion Pictures

Sec. 3. (a) Whenever a person:(1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or(2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.(b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.(c) If:(1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and(2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-2-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 2. General Provisions|35-49-2-4. Adversary Hearing; Application; Preliminary Determination

Sec. 4. (a) Within ten (10) days after:(1) matter is obtained by seizure or by purchase under this article; or(2) the defendant is arrested under this article;whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b).(b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is:(1) probably obscene; or(2) probably harmful to minors.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-2-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 2. General Provisions|35-49-2-5. Application of Article

Sec. 5. This article does not limit the power of political subdivisions to adopt or enforce zoning ordinances regulating the use of real property.As added by P.L.311-1983, SEC.33.
IN Code § 35-49-3-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 3. Crimes|35-49-3-1. Sale, Distribution, or Exhibition of Obscene Matter

Sec. 1. A person who knowingly or intentionally:(1) sends or brings into Indiana obscene matter for sale or distribution; or(2) offers to distribute, distributes, or exhibits to another person obscene matter;commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.41; P.L.158-2013, SEC.646; P.L.168-2014, SEC.106.
IN Code § 35-49-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 3. Crimes|35-49-3-2. Obscene Performance

Sec. 2. A person who knowingly or intentionally engages in, participates in, manages, produces, sponsors, presents, exhibits, photographs, films, or videotapes any obscene performance commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.42; P.L.158-2013, SEC.647; P.L.168-2014, SEC.107.
IN Code § 35-49-3-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 49. Obscenity and Pornography|Chapter 3. Crimes|35-49-3-3. Dissemination of Matter or Conducting Performance Harmful to Minors

Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:(1) disseminates matter to minors that is harmful to minors;(2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;(3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;(4) engages in or conducts a performance before minors that is harmful to minors;(5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;(6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or(7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;commits a Level 6 felony.(b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:(1) the matter is obscene under IC 35-49-2-1;(2) the matter is child pornography under IC 35-42-4-4; or(3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35; P.L.158-2013, SEC.648.
IN Code § 35-50-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 1. General Provisions|35-50-1-1. Authority to Sentence

Sec. 1. The court shall fix the penalty of and sentence a person convicted of an offense.As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.110.
IN Code § 35-50-1-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 1. General Provisions|35-50-1-5. Postconviction Remedy; Imposition of Penalty More Severe Than Originally Imposed; Credit for Time Served

Sec. 5. If:(1) prosecution is initiated against a petitioner who has successfully sought relief under any proceeding for postconviction remedy and a conviction is subsequently obtained; or(2) a sentence has been set aside under a postconviction remedy and the successful petitioner is to be resentenced;the sentencing court may impose a more severe penalty than that originally imposed. However, the petitioner shall receive credit time accrued or earned while serving the previous sentence.As added by P.L.179-1984, SEC.3. Amended by P.L.74-2015, SEC.27.
IN Code § 35-50-1-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 1. General Provisions|35-50-1-6. Placement in Secure Private Facility

Sec. 6. (a) Before a person who has been convicted of an offense and committed to the department of correction is assigned to a department of correction program or facility under IC 11-10-1, the sentencing court may recommend that the department of correction place the person in a secure private facility (as defined in IC 31-9-2-115) if:(1) the person was less than sixteen (16) years of age on the date of sentencing; and(2) the court determines that the person would benefit from the treatment offered by the facility.(b) A secure private facility may terminate a placement and request the department of correction to reassign a convicted person to another department of correction facility or program.(c) When a convicted person becomes twenty-one (21) years of age or if a secure private facility terminates a placement under subsection (b) a convicted person shall:(1) be assigned to a department of correction facility or program under IC 11-10-1-3(b); and(2) serve the remainder of the sentence in the department of correction facility or program.(d) A person who is placed in a secure private facility under this section:(1) is entitled to earn educational credit and good time credit under IC 35-50-6; and(2) may be deprived of earned educational credit and good time credit as provided under rules adopted by the department of correction under IC 4-22-2.As added by P.L.79-1994, SEC.17. Amended by P.L.1-1997, SEC.154; P.L.1-2002, SEC.151; P.L.74-2015, SEC.28.
IN Code § 35-50-1-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 1. General Provisions|35-50-1-7. Notifying Department of Name and Address of Victim

Sec. 7. Whenever a court commits a person to the department of correction as a result of a conviction, the court shall notify the department of correction of the last known name and address of any victim of the offense for which the person is convicted.As added by P.L.90-2000, SEC.19.
IN Code § 35-50-2-0.1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders|35-50-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments described in section 0.2 of this chapter apply as described in section 0.2 of this chapter.(2) The amendments made to sections 3 and 9 of this chapter by P.L.332-1987 do not apply to a case in which a death sentence has been imposed before September 1, 1987.(3) The amendments made to sections 3 and 9 of this chapter by P.L.250-1993 apply only to murders committed after June 30, 1993.(4) The amendments made to section 2 of this chapter by P.L.11-1994 (before the repeal of section 2 of this chapter) apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.(5) The amendments made to section 8 of this chapter by P.L.166-2001 apply only if the offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.(6) The amendments made to section 1 of this chapter by P.L.243-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.243-2001.(7) The amendments made to section 8(b)(3) of this chapter by P.L.291-2001) (before its deletion on July 1, 2014) apply only if the last offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.(8) The amendments made to section 10 of this chapter by P.L.291-2001 (before the repeal of section 10 of this chapter) apply only if the last offense for which the state seeks to have the person sentenced as a habitual substance offender was committed after June 30, 2001. However, a prior unrelated conviction committed before, on, or after July 1, 2001, may be used to qualify an offender as a habitual offender under section 8 of this chapter or as a habitual substance offender under section 10 of this chapter.(9) The amendments made to section 1 of this chapter by P.L.291-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.291-2001.(10) The amendments made to section 9 of this chapter by P.L.80-2002 apply only to a conviction for murder that occurs after March 20, 2002, including a conviction entered as a result of a retrial of a person, regardless of when the offense occurred.As added by P.L.220-2011, SEC.634. Amended by P.L.63-2012, SEC.87; P.L.158-2013, SEC.651; P.L.168-2014, SEC.109.
IN Code § 35-50-2-0.2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 50. Sentences|Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders|35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985

Sec. 0.2. (a) The addition of section 7.1 of this chapter (before its repeal) and the amendment of section 8 of this chapter by P.L.328-1985 do not affect any:(1) rights or liabilities accrued;(2) penalties incurred; or(3) proceedings begun;before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be imposed and enforced under section 8 of this chapter as if P.L.328-1985 had not been enacted.(b) If all the felonies relied upon for sentencing a person as a habitual offender under section 8 of this chapter are felonies that were committed before September 1, 1985, the felonies shall be prosecuted and remain punishable under section 8 of this chapter as if P.L.328-1985 had not been enacted.As added by P.L.220-2011, SEC.635.