Polk v. State

SULLIVAN, Justice,

concurring.

I believe we decided the dispositive issue in this ease when we held in Walker v. State, 668 N.E.2d 243 (Ind.1996), that illegal drug possession within 1000 feet of a school is a strict liability offense. If the defendant need not know that he or she is within 1000 feet of a school to commit the offense, it makes no difference whether he or she does so standing on a street corner or riding in an automobile. Although I dissented in Walker, 668 N.E.2d at 248 (Sullivan, J., dissenting), I consider the interpretation of the mens rea requirement of Ind.Code § 35-48-4 stare de-*574cisis for purposes of this opinion and for that reason concur.