Sec. 6. (a) A seller may sell and ship wine directly only to a consumer who meets all of the following requirements:
(1) The consumer is at least twenty-one (21) years of age.
(2) The consumer has an Indiana address.
(3) The consumer intends to use wine purchased under this chapter for personal use only and not for resale or other commercial purposes.
(b) A seller who violates this section commits a Class A infraction. However, the offense 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.5; P.L.107-2015, SEC.6.
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