Indiana statute

Ind. Code § 35-44.1-3-6 — Trafficking with an inmate outside a facility

Current through 2026 Regular Session

Part of Chapter 3: Detention, Indiana Code.

Criminal charges under this statute

Trafficking with an inmate outside a facility

Full text of Ind. Code § 35-44.1-3-6

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 § 35-44.1-3-6Primary source, current through the 2026 Regular Session

Sec. 6. (a) As used in this section, "contraband" means the following: (1) Alcohol. (2) A cigarette or tobacco product. (3) A controlled substance. (4) An item that may be used as a weapon. (b) As used in this section, "inmate outside a facility" means a person who is incarcerated in a penal facility or detained in a juvenile facility on a full-time basis as the result of a conviction or a juvenile adjudication but who has been or is being transported to another location to participate in or prepare for a judicial proceeding. The term does not include the following: (1) An adult or juvenile pretrial detainee. (2) A person serving an intermittent term of imprisonment or detention. (3) A person serving a term of imprisonment or detention as: (A) a condition of probation; (B) a condition of a community corrections program; (C) part of a community transition program; (D) part of a reentry court program; (E) part of a work release program; or (F) part of a community based program that is similar to a program described in clauses (A) through (E). (4) A person who has escaped from incarceration or walked away from secure detention. (5) A person on temporary leave (as described in IC 11-10-9 ) or temporary release (as described in IC 11-10-10 ). (c) A person who, with the intent of providing contraband to an inmate outside a facility: (1) delivers contraband to an inmate outside a facility; or (2) places contraband in a location where an inmate outside a facility could obtain the contraband; (including delivering or placing through the use of an unmanned aerial vehicle) commits trafficking with an inmate outside a facility, a Class A misdemeanor. However, the offense is a Level 6 felony if the contraband is an item described in subsection (a)(3), and a Level 5 felony if the contraband is an item described in subsection (a)(4).

Official sources

Legal terms used in this section

Questions this section answers

Is trafficking with an inmate outside a facility a felony or a misdemeanor in Indiana?

It depends on the circumstances: trafficking with an inmate outside a facility ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-44.1-3-6.

Trafficking with an inmate outside a facility — general contraband: Class A Misdemeanor (Ind. Code § 35-44.1-3-6(c)) · Trafficking with an inmate outside a facility — controlled substance: Level 6 Felony (Ind. Code § 35-44.1-3-6(c)) · Trafficking with an inmate outside a facility — weapon item: Level 5 Felony (Ind. Code § 35-44.1-3-6(c))

Which Indiana statute covers trafficking with an inmate outside a facility?

Trafficking with an inmate outside a facility is governed by Ind. Code § 35-44.1-3-6 (Trafficking with an inmate outside a facility).

This reference is informational and is not legal advice.