Sec. 5. (a) A person located within Indiana or outside Indiana that wants to sell and ship wine directly to a consumer must be the holder of a direct wine seller‘s permit and comply with this chapter. A person that sells and ships wine directly to a consumer without holding a valid direct wine seller’s permit commits a Class A infraction.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 7.1-3-26-5

  • consumer: means an individual with an Indiana address who purchases wine from a seller. See Indiana Code 7.1-3-26-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • seller: means the holder of a direct wine seller's permit issued under this chapter. See Indiana Code 7.1-3-26-4
     (b) The offense described in subsection (a) is:

(1) a Class A misdemeanor if the seller:

(A) knowingly or intentionally violates this section; and

(B) has one (1) prior unrelated conviction or judgment for an infraction under this chapter for an act or omission that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction; and

(2) a Level 6 felony if the seller:

(A) knowingly or intentionally violates this section; and

(B) has at least two (2) prior unrelated convictions or judgments for infractions under this chapter for acts or omissions that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction.

As added by P.L.165-2006, SEC.34. Amended by P.L.159-2014, SEC.4.

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