Skip to main content
US Criminal Defense.org
Menu

Indiana criminal charge

Transporting an illegal alien in Indiana

Current through 2026 Indiana legislative session

Transporting an illegal alien is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-5-3. 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 § 35-44.1-5-3.

What is the penalty for transporting an illegal alien in Indiana?

Penalties for Transporting an illegal alien
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Transporting an illegal alien (base offense) — A person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Transporting an illegal alien (base offense) — A person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States.)discretionaryInd. Code § 35-50-3-2
Jail / prison6 months to 30 months (Transporting an illegal alien — more than nine aliens — The violation under this section involves more than nine aliens.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Transporting an illegal alien — more than nine aliens — The violation under this section involves more than nine aliens.)discretionaryInd. Code § 35-50-2-7

Applies to current.

How is transporting an illegal alien classified in Indiana?

The classification depends on the circumstances:

Classification variants for Transporting an illegal alien
VariantClassificationWhen it appliesStatute
Transporting an illegal alien (base offense)Class A MisdemeanorA person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States.Ind. Code § 35-44.1-5-3(a)
Transporting an illegal alien — more than nine aliensLevel 6 FelonyThe violation under this section involves more than nine aliens.Ind. Code § 35-44.1-5-3(b)

Common questions about transporting an illegal alien in Indiana

Is transporting an illegal alien a felony or a misdemeanor in Indiana?

It depends on the circumstances: transporting an illegal alien ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-44.1-5-3.

Transporting an illegal alien (base offense): Class A Misdemeanor (Ind. Code § 35-44.1-5-3(a)) · Transporting an illegal alien — more than nine aliens: Level 6 Felony (Ind. Code § 35-44.1-5-3(b))

What are the penalties for transporting an illegal alien in Indiana?

Penalties for transporting an illegal alien in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

Which Indiana statute covers transporting an illegal alien?

Transporting an illegal alien is governed by Ind. Code § 35-44.1-5-3 (Transporting an illegal alien).

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.