Indiana statute

Ind. Code § 35-44.1-3-5 — Trafficking with an inmate; carrying contraband into a correctional facility

Current through 2026 Regular Session

Part of Chapter 3: Detention, Indiana Code.

Criminal charges under this statute

Trafficking with an inmate; carrying contraband into a correctional facility

Full text of Ind. Code § 35-44.1-3-5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-44.1-3-5Primary source, current through the 2026 Regular Session

Sec. 5. (a) The following definitions apply throughout this section: (1) "Chemical intoxicant" means a substance that, when introduced into a person's body, causes intoxication or a similar physical effect. The term does not include an alcoholic beverage or a cigarette or tobacco product (as defined in IC 6-7-2-5 ). (2) "Juvenile facility" means the following: (A) A secure facility (as defined in IC 31-9-2.1-222 ) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child. (B) A shelter care facility (as defined in IC 31-9-2.1-227 ) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child. (b) A person who, without the prior authorization of the person in charge of a penal facility or juvenile facility, knowingly or intentionally: (1) delivers, or carries into the penal facility or juvenile facility with intent to deliver, an article to an inmate or child of the facility; (2) carries, or receives with intent to carry out of the penal facility or juvenile facility, an article from an inmate or child of the facility; or (3) delivers, or carries to a worksite with the intent to deliver, alcoholic beverages to an inmate or child of a jail work crew or community work crew; (including delivering, carrying, or receiving through the use of an unmanned aerial vehicle) commits trafficking with an inmate, a Class A misdemeanor. However, the offense is a Level 5 felony under subdivision (1) or (2) if the article is a controlled substance, a chemical intoxicant, a deadly weapon, or a cellular telephone or other wireless or cellular communications device. (c) If: (1) the person who committed the offense under subsection (b) is an employee of: (A) the department of correction; or (B) a penal facility; and the article is a cigarette or tobacco product (as defined in IC 6-7-2-5 ), the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than five thousand dollars ($5,000) under IC 35-50-3-2 , in addition to any term of imprisonment imposed under IC 35-50-3-2 ; or (2) a person is convicted of committing a Level 5 felony under subsection (b)(1) or (b)(2) because the article was a cellular telephone or other wireless or cellular communication device, the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than ten thousand dollars ($10,000) under IC 35-50-2-6 (a) in addition to any term of imprisonment imposed on the person under IC 35-50-2-6 (a). (d) A person who: (1) is not an inmate of a penal facility or a child of a juvenile facility; and (2) knowingly or intentionally possesses in, or carries or causes to be brought into, the penal facility or juvenile facility a deadly weapon without the prior authorization of the person in charge of the penal facility or juvenile facility; commits carrying a deadly weapon into a correctional facility, a Level 5 felony.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.