Indiana Drug Laws

Alcohol-related Laws

Selected State of Indiana Alcohol and Other Drug Policies from the "1993 Indiana Criminal Code" appear below:

Note: Only selected portions of certain laws are included below. Please consult the "1993 Indiana Criminal Code" for a complete listing.

General

• 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.

Minors

• 7.1-5-7-1. Use of false or altered driver's license.
  (a) It is a Class C infraction for a minor to make a false statement of the minor's age, or to present or offer false or fradulent evidence of majority or identity, to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage.

  (b) In addition to the penalty under subsection (a), a minor who:

  1. uses a false or altered driver's license or the driver's license of another person as evidence of majority under this section; or
  2. is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver's license; shall have the minor's driver's license suspended for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9.

• 7.1-5-7-2. Furnishing false evidence of identity.
  It is a class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate a provision of this title.

• 7.1-5-7-3. Possession of false identification. It is a class C infraction for a minor to have in his possession false or fraudulent evidence of a majority or identity with the intent to violate a provision of this title.

• 7.1-5-7-7. Possession of alcohol by minor. It is a class C misdemeanor for a minor to knowingly:
  1. Possess an alcoholic beverage;
  2. Consume it; or
  3. Transport it on a public highway when not accompanied by at least one of his parents or guardians.

• 7.1-5-7-8. Furnishing alcohol to minor.
  (a) It is a Class C misdemeanor for a person to recklessly sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor.

• 7.1-5-7-10. Minors in taverns.
  (a) It is a Class C misdemeanor for a minor to recklessly be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. In addition to other penalities under this subsection, the minor's driver's license shall be revoked for up to one (1) year in accordance with IC 9-24-18-8 and IC 9-30-4-9.

• 7.1-5-7-15. Inducing minor to possess alcohol.
  A person twenty-one [21] years of age or older who knowingly or intentionally encourages, aids, or induces a minor to unlawfully possess an alcoholic beverage commits a class C infraction.

Prohibited Activities

• 7.1-5-8-1. Hindrance or prevention of enforcement.
  It is a class C misdemeanor for a person to recklessly hinder, obstruct, interfere with, or prevent the observance or enforcement of a rule or regulation of the commission adopted in the administration of [this] title.

• 7.1-5-8-6. Taking liquor into restaurant.
  It is a class C misdemeanor for a person to knowingly carry liquor into a restaurant or place of public entertainment for the purpose of consuming it, displaying it, or selling, furnishing, or giving it away to another person on the premises, or for the purpose of having it served to himself or another person, then and there. It is a class C misdemeanor to knowingly consume liquor brought into a public establishment in violation of this section.

Operating a Vehicle While Intoxicated

• 9-30-5-1. Class C misdemeanor.
  (a) A person who operates a vehicle with at least ten- hundredths percent (0.10%) by weight of alcohol in the person's blood commits a Class C misdemeanor.

  (b) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 in the person's blood commits a Class C misdemeanor.

• 9-30-5-2. Class A misdemeanor.
  A person who operates a vehicle while intoxicated commits a Class A misdemeanor.

• 9-30-5-3. Class D felony; previous convictions.
  A person who violates section 1 or 2 of this chapter commits a Class D felony if:
  (1) the person has a previous conviction of operating while intoxicated; and

  (2) the previous conviction of operating while intoxicated occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter.

• 9-30-5-4. Class D felony; serious bodily injury.
  A person who violates section 1 or 2 of this chapter commits a Class D felony if the crime results in serious bodily injury to another person.

• 9-30-5-5. Class C felony; death.
  A person who violates section 1 or 2 of this chapter commits a Class C felony if the crime results in the death of another person.

Implied Consent; Administrative and Evidentiary Matters

• 9-30-6-1. Chemical test for intoxication; implied consent.
  A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.

• 9-30-6-2. Probable cause; offer to test; alternative tests; requirements to submit.
  (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter, IC 9-30-5, or IC 9-30-9 shall offer the person the opportunity to submit to a chemical test.

  (b) A law enforcement officer:

  1. is not required to offer a chemical test to an unconscious person; and
  2. may offer a person more than one (1) chemical test under this chapter.

  (c) A test administered under this this chapter must be administered within three (3) hours after the law enforcement officer had probable cause to believe the person committed an offense under IC 9-30-5.

  (d) A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.

• 9-30-6-7. Refusal to submit to chemical test; test results prima facie evidence of intoxication; duties of arresting officer.
  

  (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person's driving privileges.

  (b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall do the following:

  1. Obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter held under IC 35-33-7-1.
  2. Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.
  3. Send a copy of the probable cause affidavit submitted under subdivision (2) to the bureau.

Drug Classifications

• 35-48-2-3. Schedule I tests.

  (a) The board shall recommend placement of a substance in schedule I under this chapter if it finds that the substance:

  1. Has high potential for abuse; and
  2. Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
  3. The board may recommend placement of a substance in schedule I under this chapter if it finds that the substance is classified as a controlled substance in schedule I under federal law.

• 35-48-2-4. Schedule I
  • Heroin
  • MDMA (Ecstasy)
  • Marijuana
  • Mescaline
  • Peyote
  • Psilocybin

• 35-48-2-5. Schedule II tests.

  (a) The board shall recommend placement of a substance in schedule II under this chapter if it finds that:

  1. The substance has high potential for abuse;
  2. The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
  3. The abuse of the substance may lead to severe psychological or physical dependence.

  (b) The board may recommend placement of a substance in schedule II under this chapter if it finds that substance classified as a controlled substance in schedule II under federal law.

• 35-48-2-6. Schedule II.
  • Opium (raw and extracts)
  • Codeine
  • Morphine
  • Cocaine
  • Phencyclidine (PCP)
  • Methadone

• 35-48-2-7. Schedule III tests.

  (a) The board shall recommend placement of a substance in schedule III if it finds that:

  1. The substance has a potential for abuse less than the substances listed in schedules I and II;
  2. The substance has currently accepted medical use in treatment in the United States; and
  3. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

• 35-48-2-8. Schedule III.
  • Lysergic Acid (LSD)
  • Anabolic Steriods

• 35-48-2-9. Schedule IV tests.

  (a) The board shall recommend the placement of a substance in schedule IV under this chapter if it finds that:

  1. The substance has a low potential for abuse relative to substances in schedule III under this chapter;
  2. The substance has currently accepted medical use in treatment in the United States; and
  3. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III under this chapter.

  (b) The board may recommend placement of a substance in schedule IV under this chapter if it finds that the substance is classified as a controlled substance in schedule IV under federal law.

• 35-48-2-11. Schedule V tests.

  (a) The board shall recommend placement of a substance in schedule V under this chapter if it finds that:

  1. The substance has low potential for abuse relative to the controlled substances listed in schedule IV under this chapter;
  2. The substance has currently accepted medical use in treatment in the United States; and
  3. The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV under this chapter.

  (b) The board may recommend placement of a substance in schedule V under this chapter if it finds that the substance is classified as a controlled substance in schedule V under federal law.

Definition:Controlled Substances

• 35-48-1-7. "Cocaine" defined.
  "Cocaine" includes cocoa leaves and any salt, compound, or derivative of cocoa leaves, and any salt, compound, isomer, derivative, or preparation which is chemically equivalent or identical to any of these substances. However, decocainized cocoa leaves or extraction of cocoa leaves that do not contain cocaine or ecgonine are not included.

• 35-48-1-10. "Counterfeit substance" defined.
  "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

• 35-48-1-19. "Marijuana" defined.
  "Marijuana" means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom); or the sterilized seed of the plant which is incapable of germiniation.

• 35-48-1-20. "Narcotic drug" defined.
  "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  1. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
  2. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical to any of the substances referred to in subdivision (1) of this definition, but not including the isoquinoline alkaloids of opium.
  3. Opium poppy and poppy straw.

• 35-48-1-21. "Opiate" defined.
  "Opiate" means a substance having an addiction-forming or addiction-sustaining liability similar to a morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under IC 35-48-2, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromenthorphan). It does include its racemic and levorotatory forms.

Sentences (Felony/Misdemeanor)

• 35-48-4-1. Dealing in cocaine or narcotic drug.
  (a) A person who:
  1. knowingly or intentionally:
     (A) manufactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
     cocaine or a narcotic drug, pure or adultered, classified in schedule I or II; or

     possesses, with intent to:

     (A) manufacture;

     (B) finance the manufacture of;

     (C) deliver; or

     (D) finances the delivery of;
     cocaine or a narcotic drug, pure or adultered, classified in schedule I or II;
     commits dealing in cocaine or a narcotic drug, a class B felony except as provided in subsection (b).

  (b) The offense is a class A felony if:

  1. the amount of the drug involved weighs three [3] grams or more;

  2. the person:
     (A) delivered; or
     (B) financed the delivery of;
     the drug to a person under eighteen [18] years of age at least three [3] years junior to the person; or

     the person:

     (A) delivered; or

     (B) financed the delivery of;
     the drug in or on school property or within one thousand (1,000) feet of school property or on a school bus.

• 35-48-4-2. Dealing in a schedule I, II, or III controlled substance.
  (a) A person who:
  1. knowingly or intentionally:
     (A) manufactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
     a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish; or

     possesses with intent to:

     (A) manufacture;

     (B) finance the manufacture of;

     (C) deliver; or

     (D) finance the delivery of;
     a controlled substance, pure or adulterated, classified in schedule I, II, or III, except marijuana, hash oil, or hashish; commits dealing in a schedule I, II, or III controlled substance, a class B felony except as provided in subsection (b).

  (b) The offense is a class A felony if:

  1. the person:
     (A) delivered; or
     (B) financed the delivery of;
     the substance to a person under eighteen [18] years of age at least three [3] years junior to the person; or

     the person:

     (A) delivered; or

     (B) financed the delivery of;
     the substance in or on school property or within one thousand (1,000) feet of school property or on a school bus.

• 35-48-4-3. Dealing in a schedule IV controlled substance.
  (a) A person who:
  1. knowingly or intentionally:
     (A) maunfactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
     a controlled substance, pure or adulterated, classified in schedule IV; or

     possesses with intent to manufacture or deliver, a controlled substance, pure or adulterated, classified in schedule IV; commits dealing in a schedule IV controlled substance, a class C felony except as provided in subsection (b).

• (b) The offense is a class B felony if:
  
  1. the person:
     (A) delivered; or
     (B) financed the delivery of;
     substance to a person under eighteen [18] years of age at least three [3] years junior to the person; or

     the person:

     (A) delivered; or

     (B) financed the delivery of;
     the substance in or on school property or within one thousand (1,000) feet of school property or on a school bus.

• 35-48-4-4. Dealing in a schedule V controlled substance.
  (a) A person who:
  1. knowingly or intentionally:
     (A) manufactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
     a controlled substance, pure or adulterated, classified in schedule V; or

     possesses with intent to:

     (A) manufacture;

     (B) finance the manufacture of;

     (C) deliver; or

     (D) finance the delivery of;
     a controlled substance, pure or adulterated, classified in schedule V; commits dealing in a schedule V controlled substance, a class D felony as provided in subsection (b).

  (b) The offense is a class B felony if:

  1. the person:
     (A) delivered; or
     (B) financed the delivery of;
     the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or

     the person:

     (A) delivered; or

     (B) financed the delivery of;
     the substance in or on school property or within one thousand (1,000) feet of school property or on a school bus.

• 35-48-4-6. Possession of cocaine or narcotic drug.
  (a) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II commits possession of cocaine or a narcotic drug, a class D felony except as provided in subsection (b).

  (b) The offense is:

  1. a class C felony if the amount of the drug involved (pure or adulterated) weighs three (3) grams or more;
  2. a class B felony if the person in possession of the cocaine or narcotic drug possesses less than three (3) grams of pure or adulterated cocaine or narcotic drug in or on school property or within one thousand (1,000) feet of school property or on a school bus; and
  3. a class A felony if the person in possession of the cocaine or narcotic drug:
     (A) possesses the cocaine or narcotic drug in or on school property or within one thousand (1,000) feet of school property or on a school bus; and
     (B) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more.

• 35-48-4-7. Possession of a controlled substance.
  (a) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally possess a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana or hashish, commits possession of a controlled substance, a class D felony. However, the offense is a Class C felony if the person in possession of the controlled substance possesses the controlled substance in or on school property or within one thousand (1,000) feet of school property or on a school bus.

  (b) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally obtains:

  1. More than four (4) ounces of schedule V controlled substances containing codeine in any given fourty-eight (48) hour period unless pursuant to a prescription;
  2. A schedule V controlled substance pursuant to written or verbal misrepresentation; or
  3. Possession of a schedule V controlled substance other than by means of a prescription or by means of signing an exempt narcotic register maintained by a pharmacy licensed by the Indiana state board of pharmacy;
     commits a class D felony.

• 35-48-4-8.1. Manufacture of paraphernalia.
  (a) A person who manufactures, finances the manufacture of, or designs an instrument, device, or other object that is intended to be used primarily for:
  1. Introducing into the human body a controlled substance;
  2. Testing the strength, effectiveness, or purity of a controlled substance; or
  3. Enhancing the effect of a controlled substance; in violation of this chapter, commits a class A infraction for manufacturing paraphernalia.

  (b) A person who:

  1. knowingly or intentionally violates this section; and
  2. has a previous judgment for violation of the section;
     commits manufacture of paraphernalia, a Class D felony.

• 35-48-4-8.3. Possession of paraphernalia.
  (a) A person who possesses a raw material, instrument, device, or other object that the person intends to use for:
  1. Introducing into the person's body a controlled substance;
  2. Testing the strength, effectiveness or purity of a controlled substance; or
  3. Enhancing the effect of a controlled substance; in violation of this chapter commits a Class A infraction for possessing paraphernalia.

  (b) A person who:

  1. knowingly or intentionally violates subsection (a); and
  2. has a previous judgment or conviction under this section;
  commits possession of paraphernalia, a Class D felony.

  (c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for:

  1. introducing into the person's body a controlled substance;
  2. testing the strength, effectiveness, or purity of a controlled substance; or
  3. enhancing the effect of a controlled substance;
  in violation of this chapter commits reckless possession of paraphernalia, a Class A misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.

• 35-48-4-8.5. Dealing in paraphernalia.
  (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:
  1. ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;

  2. testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;

  3. enhancing the effect of a controlled substance;

  4. manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;

  5. diluting or adulterating marijuana, hash oil, hashish, or a controlled substance by individuals; or

  6. any purpose announced or described by the seller that is in violation of this chapter;
     commits a Class A infraction for dealing in paraphernalia.

  (b) a person who:

  1. knowingly or intentionally violates subsection (a); and

  2. has a previous judgment or conviction under this section; commits dealing in paraphernalia, a Class D felony.

  (c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:

  1. ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, or a controlled substance;

  2. testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or a controlled substance;

  3. enhancing the effect of of a controlled substance;

  4. manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, or a controlled substance;

  5. diluting or adulterating marijuana, hash oil, hashish or a controlled substance by individuals; or

  6. any purpose announced or described by the seller that is in violation of this chapter;
     commits reckless dealing in paraphernalia, a Class A misdemeanor. However, the offense is a class D felony if the person has a previous judgmment or conviction under this section.

  (d) This section does not apply to the following:

  1. Items marked for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.

  2. Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tabacco or any other lawful substance.

• 35-48-4-10. Dealing in marijuana, hash oil, or hashish.
  (a) A person who:
  1. knowingly or intentionally:
     (A) manufactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
     marijuana, hash oil, or hashish, pure or adulterated; or

     possesses, with intent to:

     (A) manufacture;

     (B) finances the manufacture of;

     (C) delivers; or

     (D) finances the delivery of;
     marijuana, hash oil, or hashish, pure or adulterated; commits dealing in marijuana, hash oil, or hashish, a class A misdemeanor except as provided in subsection (b).

  (b) The offense is:

  1. A class D felony if:
     (A) The recipient or intended recipient is under eighteen [18] years of age;
     (B) The amount involved is more than thiry [30] grams but less than ten [10] pounds of marijuana or two [2] grams but less than three hundred [300] grams of hash oil or hashish; or
     (C) The person has a prior conviction of an offense involving marijuana, hash oil, or hashish; and

     A class C felony if:

     (A) the amount involved is ten [10] pounds or more of marijuana or three hundred [300] or more grams of hash oil or hashish; or

     (B) the person:

     (i) delivered; or

     (ii) financed the delivery of;
     marijuana, hash oil, or hashish in or on school property or within one thousand (1,000) feet of school property or on a school bus.

• 35-48-4-11. Possession of marijuana, hash oil, or hashish.
  A person who:
  1. Knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish;

  2. Knowingly or intentionally grows or cultivates marijuana; or

  3. Knowing that marijuana is growing on his premises, fails to destroy the marijuana plants;
  commits possession of marijuana, hash oil, or hashish, a class A misdemeanor. However, the offense is a class D felony (i) if the amount involved is more than thirty [30] grams of marijuana or two [2] grams of hash oil or hashish, or (ii) if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish.

• 35-48-4-13. 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:

  1. by persons to unlawfully use controlled substances; or
  2. for unlawfully;
     (A) keeping;
     (B) offering for sale;
     (C) selling;
     (D) delivering; or
     (E) 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.

• 35-48-4-15. Suspension of operator's license.
  (a) If a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, the court shall, in addition to any other order the court enters, order that the person's;
  1. operator's license be suspended;
  2. existing motor vehicle registrations be suspended; and
  3. ability to register motor vehicles be suspended; by the bureau of motor vehicles for a period specified by the court of at least one hundred eighty (180) days but not more than two (2) years.

  (b) If a person is convicted of an offense described in subsection (a) and the person does not hold an operator's license or a learner's permit, the court shall order that the person may not receive an operator's license or a learner's permit from the bureau of motor vehicles for a period of not less than one hundred (180) days.

• 35-50-2-4. Class A felony.
  A person who commits a class A felony shall be imprisoned for a fixed term of thirty [30] years, with not more than twenty [20] years added for aggravating circumstances or not more than ten [10] years substracted for mitigating circumstances; in addition, he may be fined not more than ten thousand dollars [$10,000].

• 35-50-2-5. Class B felony.
  A person who commits a class B felony shall be imprisoned for a fixed term of ten [10] years, with not more than ten [10] years added for aggravating circumstances or not more than four [4] years substracted for mitigating circumstances; in addition, he may be fined not more than ten thousand dollars [$10,000].

• 35-50-2-6. Class C felony.
  A person who commits a class C felony shall be imprisoned for a fixed term of four [4] years, with not more added for aggravating circumstances or not more than two [2] years subtracted for mitigating circumstances; in addition, he may be fined not more than ten thousand dollars [$10,000].

• 35-50-2-7. Class D felony.
  (a) A person who commits a class D felony shall be imprisoned for a fixed term of one and one-half [1 1/2] years, with not more than one and one-half [1 1/2] years added for aggravating circumstances or not more than one [1] year subtracted for mitigating circumstances; in addition, he may be fined not more than [$10,000].

  (b) Notwithstanding subsection (a), if a person has committed a class D felony, the court may enter judgment of conviction of a class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a class D felony if:

  1. The court finds:
     (A) The person has committed a prior, unrelated felony for which judgment was entered as a conviction of a class A misdemeanor; and
     (B) The prior felony was committed less than three [3] years before the second felony was committed.

     The offense is auto theft (IC 35-43-4-2.5); or

     The offense is receiving stolen auto parts (IC 35-43-4-2.5).
  The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a class A misdemeanor granted in this subsection.

• 35-50-3-2. Class A misdemeanor.
  A person who commits a class A misdemeanor shall be imprisoned for a fixed term of not more than one [1] year; in addition, he may be fined not more than five thousand dollars [$5,000].

• 35-50-3-3. Class B misdemeanor.
  A person who commits a class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty [180] days; in addition, he may be fined not more than one thousand dollars [$1,000].

• 35-50-3-4. Class C misdemeanor.
  A person who commits a class C misdemeanor shall be imprisoned for a fixed term of not more than sixty [60] days; in addition, he may be fined not more than five hundred dollars [$500].