Maintaining a common nuisance Law & Legal Definition


Maintaining a common nuisance refers to knowingly or intentionally maintaining a building structure, vehicle, or other place that is used one or more times by individuals to unlawfully use controlled substances; or used for unlawfully manufacturing; keeping; offering for sale; selling; delivering; or financing the delivery of; controlled substances, or items of drug paraphernalia. Any person thus maintaining a common nuisance commits a Class D felony under Section 35-48-4-13(b) of the Burns Indiana Code.

Burns Indiana Code § 35-48-4-13 (2009), defining visiting or maintaining a common nuisance is as follows:

“35-48-4-13. Visiting or maintaining a common nuisance.

(a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor.

(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times:

(1) by persons to unlawfully use controlled substances; or

(2) for unlawfully:

(A) manufacturing;

(B) keeping;

(C) offering for sale;

(D) selling;

(E) delivering; or

(F) financing the delivery of;

controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5; commits maintaining a common nuisance, a Class D felony.”