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Indiana
Indiana

Identification

  • Acceptable Identification
    • Indiana Code § 3-5-2-40.5
    • Indiana SOS Photo ID Law
    • Bureau of Motor Vehicles (BMV) Guidelines
    • State-Issued Identification:
      • The most commonly accepted forms of ID in Indiana include:
        • Indiana Driver’s License
        • Indiana State Identification Card
        • U.S. Passport or Passport Card
        • U.S. Military ID (active, retired, or dependent)
        • Permanent Resident Card or other federally issued immigration documents (Employment Authorization Document).
      • Voter Identification:
        • For voting purposes, Indiana requires a government-issued photo ID that meets the following criteria:
          • Displays the voter’s name.
          • Includes an expiration date and is either current or expired after the most recent general election.
          • Issued by the State of Indiana or the federal government.
  • Acceptable Digital Identification
    • Digital IDs are not currently issued or supported by the Indiana BMV.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Indiana Code § 9-24-16
    • Indiana BMV Documentation Requirements
    • Requirements for Physical ID (State ID or Driver’s License):
    • Applicants must provide the following documents to the Indiana Bureau of Motor Vehicles (BMV):
      • Proof of Identity: U.S. birth certificate, U.S. passport, or other federally recognized documents.
      • Proof of Social Security Number: Social Security card, W-2 form, or pay stub.
      • Proof of Indiana Residency: Utility bill, bank statement, or lease agreement (two documents required).
      • Proof of Lawful Status: U.S. citizens provide a birth certificate or passport; non-citizens provide immigration documents.
    • Requirements for Digital IDs:
      • Digital IDs are not currently issued or supported by the Indiana BMV.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Bureau of Motor Vehicles (BMV) Guidelines
    • REAL ID Act Compliance
    • Non-citizens and foreign nationals in Indiana can use the following forms of identification:
      • Foreign Passport (with or without a visa).
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS).
      • Consular ID Cards (issued by foreign governments, such as the Mexican Consular ID).
      • International Driver’s Permit (IDP) for driving purposes (must accompany a valid foreign driver’s license).
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
  • What privacy protections are in place for Digital Id’s in this state?
    • N/A
  • Can Digital IDs be legally used for law enforcement verification?
    • N/A
  • Why Digital Identification is so Important!
    • N/A

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • Indiana Code § 7.1-5-7-9
    • Individuals must be at least 21 years old to enter bars, taverns, or other establishments where alcohol is primarily served.
    • Exceptions:
      • Persons under 21 may enter alcohol-serving venues if accompanied by a parent, guardian, or spouse who is at least 21 years old.
      • Minors may also enter restaurants that serve alcohol as long as the establishment’s primary business is food service.
  • Age permitted to consume Alcohol
    • Indiana Code § 7.1-5-7-7
    • The legal drinking age in Indiana is 21 years old.
    • Exceptions:
      • Minors may legally consume alcohol for the following:
        • religious purposes (communion)
        • in their parent’s or guardian’s home under the direct supervision of a parent or guardian.
  • Age permitted to serve Alcohol
    • Indiana Code § 7.1-5-7-13
    • Individuals must be at least 19 years old to serve alcohol in a restaurant or bar.
    • Individuals under 21 may not serve alcohol in a bar or tavern where alcohol is the primary product sold.
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Indiana Code § 9-30-5-1
    • The legal BAC limit for drivers is:
      • 0.08% for individuals aged 21 or older.
      • 0.04% for commercial drivers.
      • 0.02% for individuals under 21 years old (zero-tolerance policy).
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Indiana Code § 7.1-5-7-7
    • Minors may consume alcohol in the following circumstances:
      • Religious Ceremonies: Consuming alcohol as part of a religious ceremony is permitted.
      • Parental Supervision: Minors may consume alcohol in their parent’s or guardian’s home under the direct supervision of a parent or guardian.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Indiana Code § 7.1-5-7-8
    • It is illegal to provide alcohol to minors in Indiana, even at a private residence, unless the minor is your child or ward.
    • Penalties for providing alcohol to minors include:
      • Class B Misdemeanor: Punishable by up to 180 days in jail and a fine of up to $1,000.
      • Class A Misdemeanor: If the act results in bodily injury to the minor, the offense is elevated to a Class A misdemeanor.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
  • Age permitted to use Tobacco
  • Age permitted to sell Tobacco
    • Indiana Code § 7.1-6-2-3
    • Individuals must be at least 18 years old to sell tobacco products in Indiana.
    • Employees under 21 may sell tobacco products if they are supervised by someone who is at least 21 years old.Answer
  • Age permitted to purchase Tobacco
  • What is the consumable limit (if any)
    • Indiana does not impose a consumable limit on tobacco use.
  • What is the purchase limit (if any)
    • There is no legal purchase limit for tobacco products in Indiana, but retailers may impose restrictions.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Indiana Code § 7.1-7-1-2
    • FDA
    • In Indiana, vaping products are regulated similarly to traditional tobacco products, consistent with federal law.
      • Key regulations include:
        • Individuals must be at least 21 years old to purchase or use vaping devices.
        • Retailers must verify the age of purchasers.
        • Vaping products are subject to taxes and packaging requirements.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Indiana Code § 7.1-7-1-2
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Indiana does not impose additional restrictions but follows federal guidelines.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Indiana Code § 35-48-4-10
    • Controlled Substances Act
    • Cannabis is illegal in Indiana for both recreational and medical purposes.
    • There are no legal cannabis dispensaries or smoke shops in Indiana.
    • Retailers selling hemp-derived CBD products must restrict sales to individuals who are at least 21 years old.
  • Age permitted to use Cannabis
    • Indiana Code § 35-48-4-10.1
    • The use of cannabis is illegal in Indiana for all purposes, including recreational and medical use.
    • The only exception is for the use of low-THC hemp-derived CBD oil (containing less than 0.3% THC), which is legal for individuals aged 21 or older.
  • Age permitted to sell Cannabis
    • Indiana Code § 35-48-4-10
    • The sale of cannabis is illegal in Indiana.
    • Retailers selling hemp-derived CBD products must comply with state regulations and ensure that employees handling sales are at least 21 years old.
  • Age permitted to purchase Cannabis
    • Indiana Code § 35-48-4-10.1
    • The purchase of cannabis is illegal in Indiana.
    • Individuals aged 21 or older may legally purchase hemp-derived CBD products containing less than 0.3% THC.
  • What is the consumable limit (if any)
    • Indiana Code § 35-48-4-10.1
    • There is no legal consumable limit for cannabis in Indiana because its use is prohibited. Hemp-derived CBD products are not subject to consumption limits.
  • What is the purchase limit (if any)
    • Indiana Code § 35-48-4-10
    • Cannabis cannot legally be purchased in Indiana, so there is no purchase limit.
    • For hemp-derived CBD products, Indiana law does not impose specific purchase limits, but retailers may set their own restrictions.
  • Can minors obtain medical cannabis with a prescription?
    • Indiana Code § 35-48-4-10
    • Minors cannot obtain medical cannabis in Indiana because the state does not allow medical cannabis. Hemp-derived CBD oil with less than 0.3% THC may be used under a physician’s recommendation.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Indiana SB 17
      • 1. “Adult oriented website” means a publicly accessible website that publishes material harmful to minors, if at least one-third (1/3) of the images and videos published on the website depict material harmful to minors.
      • Sec. 4. “Minor” means a person lessthan eighteen (18) years of
        age.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Indiana Code § 7.1-5-7-8
    • Indiana Code § 35-49-3-3
    • Individuals must be at least 18 years old to enter adult-oriented businesses such as sex shops or adult bookstores.
    • Individuals must be 21 years old to enter strip clubs or venues where alcohol is served, even if the venue features adult entertainment.
  • Are websites required to verify age for accessing adult content?
    • Indiana SB 17
      • 7. “Reasonable age verification method” means a method of determining that an individual seeking to access a website containing material harmful to minors is not a minor by using one (1) or more of the following methods:
        • (1) A mobile credential.
        • (2) An independent third-party age verification service that compares the identifying information entered by the individual who is seeking access with material that is available from a commercially available data base, or an aggregate of data bases, that is regularly used by government agencies and businesses for the purpose of age and identity verification.
        • (3) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the material.
  • What penalties exist for providing minors access to adult material online?
    • Indiana SB 17
      • 15. The attorney general may bring an action under this chapter to obtain any or all of the following against an adult oriented website, accessible by an Indiana resident, that does not implement or properly use a reasonable age verification method:
        • (1) An injunction to enjoin future violations of this chapter.
        • (2) A civil penalty of not more than two hundred fifty thousand dollars ($250,000).
        • (3) The attorney general’s reasonable costs in: (A) the investigation of the violations under this chapter; and (B) maintaining the action.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • Indiana Code § 35-49-3-3
    • Federal Law:
    • Federal law imposes strict requirements on adult content producers under Title 18 U.S.C. § 2257 to prevent exploitation:
      • Producers must verify and maintain records of performers’ ages (minimum 18 years old).
      • Performers must provide government-issued photo identification.
      • Producers must label all material with compliance statements indicating the location of records.
    • The Trafficking Victims Protection Act (TVPA) prohibits any form of coercion or exploitation in adult content production.
    • Indiana State Law:
      • Indiana law does not specifically regulate employment terms for adult content creators but enforces general labor laws and prohibits coercion, trafficking, or exploitation.
      • Engaging in the production or distribution of obscene material may be prosecuted under Indiana’s obscenity statutes.

Voting

  • Age permitted to register to vote in the state
    • Indiana Code § 3-7-13-1
    • Federal Law:
    • Indiana State Law:
      • To register to vote in Indiana, an individual must:
        • Be at least 18 years old on or before the date of the next general, municipal, or special election.
        • Be at least 17 years old to register, as long as the individual will turn 18 years old by the time of the next general election.
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • Indiana Code § 3-11-8-25.1
    • To vote on a regular ballot, a voter must present a government-issued photo ID that meets the following criteria:
      • Displays the voter’s name, which must reasonably match the name on the voter registration record.
      • Includes a photograph of the voter.
      • Has an expiration date and is either current or expired after the date of the most recent general election.
      • Is issued by the State of Indiana or the U.S. government (e.g., Indiana driver’s license, state ID card, U.S. passport, or military ID).
    • Exceptions:
      • Individuals living in state-licensed care facilities located in the precinct where they vote are exempt from the photo ID requirement.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Indiana Code § 3-11.7-5-2.5
    • If a voter does not present acceptable identification at the polling place, they may cast a provisional ballot.
    • To validate the provisional ballot:
      • The voter must provide acceptable photo identification to the county election office no later than 10 days after the election.
      • The voter may claim a religious objection to being photographed or declare that they are indigent and cannot obtain an ID.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Indiana Code § 3-7-13-1
    • Voting Rights Act of 1965
    • Help America Vote (HAVA)
    • Federal Law:
      • Voting Rights Act of 1965: Prohibits discriminatory practices in voting based on race, color, or language.
      • National Voter Registration Act of 1993 (NVRA): Requires states to make voter registration accessible, including registration at the Department of Motor Vehicles (DMV).
      • Help America Vote Act of 2002 (HAVA): Requires first-time voters who register by mail to provide proof of identity (e.g., utility bill, government check, or photo ID).
      • Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA): Ensures voting rights for military and overseas citizens.
    • Indiana State Law:
      • Voter ID Requirement: Indiana requires government-issued photo ID to vote.
      • Felony Convictions: Individuals with felony convictions are eligible to vote after completing their sentence, including incarceration, probation, and parole.
      • Residency Requirement: Voters must have resided in their precinct for at least 30 days before the election.
      • Registration Deadline: Voters must register at least 29 days before an election.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • Indiana Code § 34-28-5-3.
      • Indiana is a “stop and identify” state.
      • A person is required to provide their name, address, and date of birth to a law enforcement officer if:
        • The officer has reasonable suspicion that the person is, was, or is about to be involved in criminal activity.
        • The stop is lawful.
    • Can you be detained or arrested for refusing to show ID?
      • Indiana Code § 34-28-5-3.5
      • Indiana Code § 35-44.1-3-1
      • Yes, refusing to provide identification during a lawful stop can result in detention or arrest.
      • If the refusal obstructs or hinders the officer’s investigation, the individual may face charges such as resisting law enforcement under Indiana Code § 35-44.1-3-1.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Indiana Code § 34-28-5-3.5
      • Indiana’s “stop and identify” law is codified under Indiana Code § 34-28-5-3.5.
      • During a lawful stop, an individual is required to provide their name, address, and date of birth when requested by law enforcement.
      • Failure to comply may lead to detention or arrest.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Indiana Code § 34-28-5-3.5
      • Under the Fifth Amendment, individuals have the right to remain silent and refuse to answer questions that may incriminate them.
      • In Indiana, while you may remain silent otherwise, you are legally required to provide your name, address, and date of birth during a lawful stop under Indiana Code § 34-28-5-3.5.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Indiana Code § 34-28-5-3.5
      • There are no general requirements to carry ID in public places in Indiana unless operating a vehicle or during a lawful stop.
    • Are there curfew or loitering laws requiring ID verification?
      • Indiana Code § 31-37-3-2
      • Curfew Laws for Minors:
        • Minors under 18 years old are subject to Indiana curfew laws, which prohibit being in public places during restricted hours unless accompanied by a parent or for specific exemptions (work or emergencies).
        • Law enforcement may request ID or other proof of age if a minor is suspected of violating curfew laws.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Indiana Code § 9-24-13-3
      • Drivers in Indiana must present a valid driver’s license during a traffic stop.
      • Failure to provide a driver’s license may result in a citation, fine, or arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to provide a driver’s license during a traffic stop can result in:
        • Citation or Fine: For failure to comply with traffic laws.
        • Arrest: If the refusal obstructs the officer’s investigation or if there are other violations.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
    • Can passengers legally refuse to provide ID?
      • Indiana Code § 34-28-5-3.5
      • Yes, passengers can legally refuse to provide ID unless the officer has reasonable suspicion of criminal activity.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Indiana Code § 31-37-3-2
      • Minors under 18 years old are prohibited from being in public places during the following hours:
        • Sunday through Thursday: 11:00 PM to 5:00 AM.
        • Friday and Saturday: 1:00 AM to 5:00 AM.
      • Exceptions: Work, emergencies, or being accompanied by a parent/guardian.
    • What are the penalties for violating curfew laws?
      • Indiana Code § 31-37-3-2
      • Penalties for violating curfew laws include:
        • Warning or Citation: For first-time violations.
        • Juvenile Court Referral: For repeat offenses.
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • Indiana Code § 35-43-2-2
      • Under Indiana Code § 35-43-2-2, trespassing is a criminal offense.
      • Law enforcement can demand ID if they have probable cause to believe the person is trespassing.
    • What are the consequences of refusing to provide identification in such situations?
      • Indiana Code § 35-44.1-3-1
      • Refusing to provide ID when suspected of trespassing can result in arrest and charges for resisting law enforcement.