Indiana criminal charge
Sale or possession of sales suppression devices in Indiana
Sale or possession of sales suppression devices is a criminal offense under Indiana law, defined by Ind. Code § 35-43-5-4.8. 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 § 35-43-5-4.8.
What is the penalty for sale or possession of sales suppression devices in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base offense — sale, purchase, installation, transfer, or possession of sales suppression device or phantom-ware — A person knowingly or intentionally sells, purchases, installs, transfers, or possesses an automated sales suppression device, zapper, or phantom-ware after June 30, 2023, unless the enhanced circumstances in subsection (c) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base offense — sale, purchase, installation, transfer, or possession of sales suppression device or phantom-ware — A person knowingly or intentionally sells, purchases, installs, transfers, or possesses an automated sales suppression device, zapper, or phantom-ware after June 30, 2023, unless the enhanced circumstances in subsection (c) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Sale or possession of sales suppression devices — pecuniary loss $750–$50,000, or prior related conviction — The offense under subsection (b) is a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000, or the person has a prior unrelated conviction for this offense, theft, criminal conversion, robbery, or burglary.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Sale or possession of sales suppression devices — pecuniary loss $750–$50,000, or prior related conviction — The offense under subsection (b) is a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000, or the person has a prior unrelated conviction for this offense, theft, criminal conversion, robbery, or burglary.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Sale or possession of sales suppression devices — pecuniary loss of $50,000 or more — The offense under subsection (b) is a Level 5 felony if the pecuniary loss caused by the offense is at least fifty thousand dollars ($50,000).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Sale or possession of sales suppression devices — pecuniary loss of $50,000 or more — The offense under subsection (b) is a Level 5 felony if the pecuniary loss caused by the offense is at least fifty thousand dollars ($50,000).) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is sale or possession of sales suppression devices classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense — sale, purchase, installation, transfer, or possession of sales suppression device or phantom-ware | Class A Misdemeanor | A person knowingly or intentionally sells, purchases, installs, transfers, or possesses an automated sales suppression device, zapper, or phantom-ware after June 30, 2023, unless the enhanced circumstances in subsection (c) apply. | Ind. Code § 35-43-5-4.8(b) |
| Sale or possession of sales suppression devices — pecuniary loss $750–$50,000, or prior related conviction | Level 6 Felony | The offense under subsection (b) is a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000, or the person has a prior unrelated conviction for this offense, theft, criminal conversion, robbery, or burglary. | Ind. Code § 35-43-5-4.8(c) |
| Sale or possession of sales suppression devices — pecuniary loss of $50,000 or more | Level 5 Felony | The offense under subsection (b) is a Level 5 felony if the pecuniary loss caused by the offense is at least fifty thousand dollars ($50,000). | Ind. Code § 35-43-5-4.8(c) |
Common questions about sale or possession of sales suppression devices in Indiana
Is sale or possession of sales suppression devices a felony or a misdemeanor in Indiana?
It depends on the circumstances: sale or possession of sales suppression devices ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-43-5-4.8.
Base offense — sale, purchase, installation, transfer, or possession of sales suppression device or phantom-ware: Class A Misdemeanor (Ind. Code § 35-43-5-4.8(b)) · Sale or possession of sales suppression devices — pecuniary loss $750–$50,000, or prior related conviction: Level 6 Felony (Ind. Code § 35-43-5-4.8(c)) · Sale or possession of sales suppression devices — pecuniary loss of $50,000 or more: Level 5 Felony (Ind. Code § 35-43-5-4.8(c))
What are the penalties for sale or possession of sales suppression devices in Indiana?
Penalties for sale or possession of sales suppression devices in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers sale or possession of sales suppression devices?
Sale or possession of sales suppression devices is governed by Ind. Code § 35-43-5-4.8 (Sale or possession of sales suppression devices).
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.