IC 7.1-5-1: Alcohol & Intoxication Laws

Podcast

Play an AI-generated podcast conversation about this lesson

Download our mobile app to listen on the go

Get App

Questions and Answers

Under IC 7.1-5-1-1, which action is considered a Class C infraction involving alcoholic beverages?

Manufacturing alcohol for personal consumption.
Knowingly violating the prohibition against commercial purposes in relation to alcohol. (correct)
Illegally possessing alcohol with the intent to furnish it to a minor.
Knowingly transporting alcohol through the state for commercial reasons.

According to IC 7.1-5-1-3, under what circumstances is public intoxication considered a Class B misdemeanor?

The person is in a public place and endangers their own life. (correct)
The intoxicated person requests assistance at the scene.
The person has a prior conviction for any misdemeanor.
The person is in a state of intoxication in a private residence.

According to IC 7.1-5-1-6.5, under what condition is a law enforcement officer prohibited from taking someone into custody solely for an alcohol-related offense?

The individual was found on private property.
The individual is underage.
The individual is a repeat offender.
The individual has requested emergency medical assistance and cooperates with law enforcement. (correct)

Under IC 7.1-5-1-6, what conditions elevate intoxication upon a common carrier to a Class B misdemeanor?

The person commits the violation knowingly or intentionally and has a prior conviction for a similar violation. (A) Signup and view all the answers

According to IC 7.1-5-1-7, what action must a court take upon convicting someone for violating a provision of Title 7.1?

Forward a certified copy of the judgment of conviction to the commission. (A) Signup and view all the answers

According to IC 9-26-2-1, what is the minimum amount of property damage that requires a law enforcement officer to investigate a motor vehicle accident?

$2,500 (A) Signup and view all the answers

According to IC 35-31.5-2-128, which relationship qualifies an individual as a 'family or household member'?

A current or former spouse of the individual. (A) Signup and view all the answers

Under IC 35-33-1-1, under what condition may a law enforcement officer arrest a person without a warrant when a felony is involved?

The officer reasonably believes that a felony has been or is about to be committed in the officer's presence. (B) Signup and view all the answers

According to IC 35-33-1-1.5, what is a law enforcement officer required to do when responding to a domestic violence crime scene?

Use all reasonable means to prevent further violence. (C) Signup and view all the answers

According to IC 35-33-1-1.7, how long must a facility hold a person arrested for a crime of domestic violence before they can be released on bail?

8 hours (C) Signup and view all the answers

In accordance to IC 35-33-1-4, under what circumstance can any person arrest another person?

The other person committed a felony in his presence. (A) Signup and view all the answers

According to IC 35-33-1-6, what is the purpose of the provided chart?

To determine detention time before release pending trial for an alcohol-related offense. (D) Signup and view all the answers

Under IC 35-33-5-1, What must support a court's issuance of a search warrant?

Probable cause, supported by oath or affirmation. (D) Signup and view all the answers

Per IC 35-33-5-2, what must an affidavit include to justify the issuance of an arrest warrant?

A substantial allegation of the offense and facts constituting probable cause. (B) Signup and view all the answers

According to IC 35-33-5-7, after executing a search warrant, how quickly must the warrant be returned to the court?

Without unnecessary delay after the execution. (C) Signup and view all the answers

According to IC 35-33-5-9, under what circumstance is a law enforcement officer required to have a search warrant when using an unmanned aerial vehicle?

When flying over private property to obtain a photographs. (C) Signup and view all the answers

As per IC 35-33-5-11, under what condition is an officer authorized to using a search warrant to access electronic communications?

If a judge has issued a court order. (B) Signup and view all the answers

According to IC 35-33-5-12, under what condition is a search warrant required to initiate real time tracking of a cellphone?

If a judge has issued a court order based on a finding of probable cause. (A) Signup and view all the answers

Under IC 35-33-5-14, what must be done when a search warrant involves information or communications concerning a news media entity that is not a target of investigation?

Give the news media entity reasonable notice and opportunity to be heard by the court before the warrant is issued. (D) Signup and view all the answers

According to IC 35-33-5-15, under what condition is law enforcement authorized to request geolocation information without the usual search warrant?

To respond to a call for emergency services. (A) Signup and view all the answers

According to IC 35-42-2-1, what actions constitute battery, a Class B misdemeanor?

Touching another person in a rude, insolent, or angry manner. (A) Signup and view all the answers

Under IC 35-42-2-1, when touching that is performed in a rude manner is a Level 6 felony?

Results in moderate bodily injury. (C) Signup and view all the answers

As defined by IC 35-42-2-1, what constitutes battery that's elevated to a Level 5 felony?

Results in serious bodily injury. (C) Signup and view all the answers

According to IC 35-42-2-1.3, what is true about domestic battery as a charge?

It has a higher penalty when against someone with a disability. (B) Signup and view all the answers

Per IC 35-42-2-2, what is true about about the charge of criminal recklessness?

The penalty increases when shooting into a location where people may be. (C) Signup and view all the answers

In reference to IC 35-42-2-2.5 pertaining to the charge of Hazing, what is true of the victim

Must not have provided consent. (B) Signup and view all the answers

As it is described by IC 35-42-2-3, what does the charge of Provocation consist of?

Engaging in conduct that can be reasonably seen as causing a battery to occur. (D) Signup and view all the answers

Per IC 35-42-2-5, what is the charge for dropping an causing injury to another person from an overpass?

Level 5 felony. (A) Signup and view all the answers

In reference to IC 35-42-2-9 regarding the charge of Strangulation, what is false about the penalties?

Committed knowingly or intentionally. (A) Signup and view all the answers

Which action is considered Level 3 felony in the state of Indiana in accordance to IC 35-42-2-10?

Facilitating transportation for female genital mutilation. (D) Signup and view all the answers

Under what circumstance is Kidnapping (35-42-3-2) a Level 5 felony?

The person removed is less than fourteen (14) years of age and is not the removing person's child. (B) Signup and view all the answers

As specified in IC 35-42-3-3 what could elevate a charge of criminal confinement?

Moderate bodily harm. (D) Signup and view all the answers

Regarding interference with custody as specified in IC 35-42-3-4, what is true about false belief in a threat on the child?

It is a legitimate defense if there was a reasonable belief. (D) Signup and view all the answers

According to IC 35-42-4-1 (Rape), what element must be proven to elevate the charge?

It is committed while armed with a deadly weapon. (D) Signup and view all the answers

According to IC 35-42-4-3 (Child Molesting), what can be said about the impact a delay in reporting impacts the charge?

It does not change the ability to charge the crime. (A) Signup and view all the answers

Which of the following is an example of a pictorial representation that is considered an “Image” for child exploitation offenses under IC 35-42-4-4?

A digitally altered photograph of a minor. (A) Signup and view all the answers

According to IC 35-42-4-12.5, when is it a crime for a sex offender to intentionally operate an unmanned aerial vehicle?

Contacting, or capturing images or recordings of one or more other individuals. (D) Signup and view all the answers

According to IC 35-43-4-1, what action constitutes unauthorized control?

Failing to correct a false impression that the person knows is influencing the other person. (C) Signup and view all the answers

Following theft, what action must occur in order for the charge to be enhanced from a Class A misdemeanor to a Level 6 Felony in addition to valuation of the item (IC 35-43-4-2)?

The offender has a prior unrelated conviction. (B) Signup and view all the answers

As it is defined in IC 35-43-4-3 (re:Conversion), it is a Level 6 felony only when the property

Has to do with a motor vehicle, and has the intent to do another crime. (A) Signup and view all the answers

According to IC 35-43-5-2 (Counterfeiting; forgery), a person commits the most base form of forgery by...

Possession; manufacture; use; alters a document. (C) Signup and view all the answers

Which of the following elements defines the crime of 'Child Seduction' Under IC 35-42-4-7?

Having intentions to have sex with a minor. (B) Signup and view all the answers

According to IC 7.1-5-1-12, what specific action involving alcoholic beverages results in a Class B misdemeanor?

Recklessly violating a commission order regarding alcoholic beverages. (B) Signup and view all the answers

In what circumstances relating to motor vehicle accidents, as outlined in IC 9-26-2-1, are law enforcement required to investigate?

When total property damage is at least $2,500. (C) Signup and view all the answers

According to IC 35-33-1-1, under which scenario is a law enforcement officer permitted to arrest someone while not possessing a warrant?

When the officer has probable cause to believe the person has committed or attempted to commit a felony (B) Signup and view all the answers

According to IC 35-33-1-1.5, what is the primary responsibility a law enforcement officer must prioritize at the scene of a domestic or family violence?

Ensuring victims are aware of their rights and are transported somewhere safe (B) Signup and view all the answers

In accordance with IC 35-33-1-4, what is the limitation placed on an ordinary citizen's ability to arrest another person?

They may arrest for any felony committed in their presence, or for a misdemeanor involving a breach of peace. (A) Signup and view all the answers

According to IC 35-33-5-1, which factor is most influential when a judge decides to issue a warrant?

A court may issue a warrant, supported by oath or affirmation, to searching of particular property that was obtained unlawfully (B) Signup and view all the answers

According to IC 35-33-5-2 concerning the requirements for filing an affidavit for a search warrant, what must an affidavit include if it relies on hearsay information?

Affiant must include information establishing the reliability of the source of the hearsy and its factual basis as well as totality of circumstances. (B) Signup and view all the answers

According to IC 35-33-5-7, under what specific condition are law enforcement officers permitted to forcibly enter a premises when executing a search warrant?

After announcing their authority and purpose, and if admission is not granted (D) Signup and view all the answers

According to IC 35-33-5-8, under which specific technological circumstances is a judge authorized to issue an arrest or search warrant without requiring a traditional affidavit?

A judge receives testimony subject to the penalties for perjury via phone, FAX or other means. (B) Signup and view all the answers

According to IC 35-33-5-11, under what specific emergency condition can law enforcement agencies request geolocation information without obtaining a search warrant?

When awaiting a warrant would cause an unreasonable delay in responding to an emergency with the risk of death or serious bodily injury (C) Signup and view all the answers

Under IC 35-42-2-1 defining the crime of Battery, which condition escalates the charge from a Class B Misdemeanor to at least Class A Misdemeanor?

If the act results in bodily injury (A) Signup and view all the answers

Under IC 35-42-2-1, circumstances elevate rude touching to a Level 6 felony?

If the touching is on a person with a mental or physical disability. (C) Signup and view all the answers

In reference to IC 35-42-2-2 pertaining to the charge of criminal recklessness, what factor elevates the charge beyond a Class B misdemeanor?

The action is committed while armed deadly weapon or aggressive driving resulting in serious bodily injury (D) Signup and view all the answers

Which action constitutes the crime of Provocation according to IC 35-42-2-3?

Recklessly engaging in conduct likely to provoke another person to commit battery (D) Signup and view all the answers

According to IC 35-42-2-9, what is the determining factor in elevating a charge of strangulation from a Level 6 to a Level 5 felony?

Whether the victim was pregnant and known by the offending person, or the person has a prior related conviction (A) Signup and view all the answers

Under IC 35-42-3-2, Kidnapping is elevated to a Level 4 felony if the the crime results in what specific consequence?

Moderate bodily injury to a person other than the removing person. (C) Signup and view all the answers

Under IC 35-42-3-3 Crimminal Confinement, what would elevate the charge from a Level 6 Felony to something more?

If the person confined is under the age of 14 and is not the confining person's child, or the crime was committed using a vehicle. (B) Signup and view all the answers

According to IC 35-42-4-1 (Rape), what specific condition escalates the charge to a Level 1 rather than Level 3 felony?

The offense involved the use or the threat of deadly force or results in serious bodily injury. (A) Signup and view all the answers

According to IC 35-42-4-3 (Child Molesting), what elements must be present in order to charge child molesting as a Level 1 felony?

The act is committed by a person who is over 21 (C) Signup and view all the answers

IC 35-42-4-4 defines what qualifies as a 'Image' for child exploitation offenses. Which example is true of this offence?

Any of these (B) Signup and view all the answers

Under IC 35-43-4-1, which actions constitute unauthorized control?

All of the above (D) Signup and view all the answers

For theft to be enhanced from a Class A misdemeanor, what does IC 35-43-4-2 require for the charge to be enhanced from a Class A misdemeanor to at least a Level 6 Felony?

The value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000) (B) Signup and view all the answers

According to IC 35-43-4-3 regarding the charge of Conversion, under what specific set of conditions is conversion a Level 6 felony?

Someone knowingly exerts unauthorized control over the motor vehicle of another person with intent to assist the person in commission of a crime. (D) Signup and view all the answers

According to IC 35-43-5-2 (Counterfeiting; forgery), what action constitutes forgery?

Possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made (A) Signup and view all the answers

According to IC 35-42-4-7, what is required to meet the threshold of child seduction?

A person who has a professional relationship, and may exert undue influence over the child, and other factors (C) Signup and view all the answers

According to IC 35-33-4-2.2, what criteria would permit organized retail theft charges to become a Level 5 felony if it meets one of specific criteria?

The act includes theft of property is a firearm (C) Signup and view all the answers

According to IC 7.1-5-1-1, what is the consequence for knowingly manufacturing alcohol for commercial purposes if the individual has a prior unrelated violation within the last 5 years?

Class B misdemeanor (C) Signup and view all the answers

According to IC 7.1-5-1-6, what is the initial charge for being intoxicated upon a common carrier and endangering another person’s life?

Class C Infraction (C) Signup and view all the answers

Based on IC 35-33-1-1.5, what additional step, beyond offering transportation, should a law enforcement officer take to aid an alleged victim of domestic violence?

Provide written notice of rights (B) Signup and view all the answers

According to IC 35-33-1-4, under what condition is a citizen permitted to arrest another person for a misdemeanor?

When the misdemeanor involves a breach of peace (A) Signup and view all the answers

According to IC 35-33-5-1, what constitutes an acceptable 'place' to be searched according to a warrant?

Any location where property might be secreted or hidden (A) Signup and view all the answers

According to IC 35-33-5-7, under what circumstance is property wrongfully damaged during a search?

When any law enforcement officer or officers wrongfully enter (C) Signup and view all the answers

According to IC 35-42-2-1, what elevates a charge of Battery from a Class B Misdemeanor to a Class A Misdemeanor?

When the offense results in bodily injury to any other person (D) Signup and view all the answers

According to IC 35-42-2-1.5, what specific outcome is necessary for an injury to be classified as aggravated battery?

Serious permanent disfigurement (A) Signup and view all the answers

According to IC 35-42-2-2, what condition results in a Level 6 felony for criminal recklessness?

When the act is committed while armed with a deadly weapon (C) Signup and view all the answers

According to IC 35-42-2-3, what is the final outcome of Provocation?

Class C Infraction (A) Signup and view all the answers

According to IC 35-42-3-2, what circumstance elevates Kidnapping to a Level 2 felony?

When the person intended to use the removed person as a shield or hostage. (D) Signup and view all the answers

According to IC 35-42-3-3, which act elevates criminal confinement to a Level 3 felony?

Results in in bodily injury to a person (D) Signup and view all the answers

According to IC 35-42-4-1, what action regarding force can escalate a charge of Rape to a Level 1 felony?

The person threatens to use deadly force. (D) Signup and view all the answers

According to IC 35-42-4-4, what constitutes an image for the purpose of identifying child exploitation?

Any pictorial representation (C) Signup and view all the answers

According to IC 35-43-4-2, what valuation is required to enhance a charge from a Class A Misdemeanor to at least a Level 6 Felony?

$750 (A) Signup and view all the answers

According to IC 35-42-4-6, what elements increase the level of crime for Child Solicitation to a Level 4 felony?

All of the above. (D) Signup and view all the answers

According to IC 35-33-5-11, under what condition must law enforcement meet in order to aquire electronic user data in real time?

There must be a valid search warrant issued by a judge using search warrant procedures. (D) Signup and view all the answers

According to IC 35-33-5-9, what circumstances require law enforcement to obtain a search warrant prior to using an unmanned aerial vehicile?

Whenever an aircraft is used on or over private property (C) Signup and view all the answers

According to IC 35-31.5-2-128, which of the following family members has no bearing on familial relation?

Previous landlords (B) Signup and view all the answers

According to IC 9-26-2-1, what damage amount must exceed a Motor Vehicle crash in order for the crash to require a formal investigation?

$2,500 (C) Signup and view all the answers

Flashcards

IC 7.1-5-1-1 Commercial Purposes Prohibition

Unlawful to manufacture, sell, barter, import, transport, deliver, furnish, or possess alcohol for commercial purposes without authorization.

IC 7.1-5-1-3 Public Intoxication

It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance.

IC 7.1-5-1-6.5 Medical Assistance and Intoxication

A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol

IC 7.1-5-1-7 Notice of Conviction

A court shall cause a certified copy of the judgment of conviction to be made and forwarded to the commission.