Indiana criminal charge
Smoking in school bus; prohibited in Indiana
Smoking in school bus; prohibited is a criminal offense under Indiana law, defined by Ind. Code § 7.1-5-12-12. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 7.1-5-12-12.
What is the penalty for smoking in school bus; prohibited in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $1,000 (Smoking in a school bus (base offense) — A person smokes in a school bus during a school week or while the bus is being used to transport school children to/from school, athletic games or contests, or other school functions, unless subsection (d) applies.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Fine | up to $10,000 (Smoking in a school bus (repeat offender) — The person smokes in a school bus as described in subsection (c) and, within the preceding 12 months, has at least three prior unrelated adjudications for smoking in a school bus under this section.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
Applies to current.
How is smoking in school bus; prohibited classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Smoking in a school bus (base offense) | Class B Infraction | A person smokes in a school bus during a school week or while the bus is being used to transport school children to/from school, athletic games or contests, or other school functions, unless subsection (d) applies. | Ind. Code § 7.1-5-12-12(c) |
| Smoking in a school bus (repeat offender) | Class A Infraction | The person smokes in a school bus as described in subsection (c) and, within the preceding 12 months, has at least three prior unrelated adjudications for smoking in a school bus under this section. | Ind. Code § 7.1-5-12-12(d) |
Common questions about smoking in school bus; prohibited in Indiana
Is smoking in school bus; prohibited a felony or a misdemeanor in Indiana?
It depends on the circumstances: smoking in school bus; prohibited ranges from a Class B Infraction to a Class A Infraction in Indiana under Ind. Code § 7.1-5-12-12.
Smoking in a school bus (base offense): Class B Infraction (Ind. Code § 7.1-5-12-12(c)) · Smoking in a school bus (repeat offender): Class A Infraction (Ind. Code § 7.1-5-12-12(d))
What are the penalties for smoking in school bus; prohibited in Indiana?
Penalties for smoking in school bus; prohibited in Indiana depend on how it is classified — from a Class B Infraction up to a Class A Infraction — with the ranges set by Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers smoking in school bus; prohibited?
Smoking in school bus; prohibited is governed by Ind. Code § 7.1-5-12-12 (Smoking in school bus; prohibited).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.