Indiana criminal charge
Trafficking with an inmate; carrying contraband into a correctional facility in Indiana
Trafficking with an inmate; carrying contraband into a correctional facility is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-5. 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 § 35-44.1-3-5.
What is the penalty for trafficking with an inmate; carrying contraband into a correctional facility in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Trafficking with an inmate - base offense — A person without prior authorization delivers, carries, or receives an article to or from an inmate or child of a penal or juvenile facility, or delivers alcoholic beverages to a worksite inmate/child, without the article being a controlled substance, chemical intoxicant, deadly weapon, or communications device.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Trafficking with an inmate - base offense — A person without prior authorization delivers, carries, or receives an article to or from an inmate or child of a penal or juvenile facility, or delivers alcoholic beverages to a worksite inmate/child, without the article being a controlled substance, chemical intoxicant, deadly weapon, or communications device.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 1 years to 6 years (Trafficking with an inmate - contraband article aggravator — The trafficking offense under subdivision (1) or (2) involves an article that is a controlled substance, a chemical intoxicant, a deadly weapon, or a cellular telephone or other wireless or cellular communications device.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Trafficking with an inmate - contraband article aggravator — The trafficking offense under subdivision (1) or (2) involves an article that is a controlled substance, a chemical intoxicant, a deadly weapon, or a cellular telephone or other wireless or cellular communications device.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Carrying a deadly weapon into a correctional facility — A person who is not an inmate or child of the facility knowingly or intentionally possesses, carries, or causes to be brought a deadly weapon into a penal or juvenile facility without prior authorization.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Carrying a deadly weapon into a correctional facility — A person who is not an inmate or child of the facility knowingly or intentionally possesses, carries, or causes to be brought a deadly weapon into a penal or juvenile facility without prior authorization.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is trafficking with an inmate; carrying contraband into a correctional facility classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trafficking with an inmate - base offense | Class A Misdemeanor | A person without prior authorization delivers, carries, or receives an article to or from an inmate or child of a penal or juvenile facility, or delivers alcoholic beverages to a worksite inmate/child, without the article being a controlled substance, chemical intoxicant, deadly weapon, or communications device. | Ind. Code § 35-44.1-3-5(b) |
| Trafficking with an inmate - contraband article aggravator | Level 5 Felony | The trafficking offense under subdivision (1) or (2) involves an article that is a controlled substance, a chemical intoxicant, a deadly weapon, or a cellular telephone or other wireless or cellular communications device. | Ind. Code § 35-44.1-3-5(b) |
| Carrying a deadly weapon into a correctional facility | Level 5 Felony | A person who is not an inmate or child of the facility knowingly or intentionally possesses, carries, or causes to be brought a deadly weapon into a penal or juvenile facility without prior authorization. | Ind. Code § 35-44.1-3-5(d) |
Common questions about trafficking with an inmate; carrying contraband into a correctional facility in Indiana
Is trafficking with an inmate; carrying contraband into a correctional facility a felony or a misdemeanor in Indiana?
It depends on the circumstances: trafficking with an inmate; carrying contraband into a correctional facility ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-44.1-3-5.
Trafficking with an inmate - base offense: Class A Misdemeanor (Ind. Code § 35-44.1-3-5(b)) · Trafficking with an inmate - contraband article aggravator: Level 5 Felony (Ind. Code § 35-44.1-3-5(b)) · Carrying a deadly weapon into a correctional facility: Level 5 Felony (Ind. Code § 35-44.1-3-5(d))
What are the penalties for trafficking with an inmate; carrying contraband into a correctional facility in Indiana?
Penalties for trafficking with an inmate; carrying contraband into a correctional facility 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 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers trafficking with an inmate; carrying contraband into a correctional facility?
Trafficking with an inmate; carrying contraband into a correctional facility is governed by Ind. Code § 35-44.1-3-5 (Trafficking with an inmate; carrying contraband into a correctional facility).
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.