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Current as of January 02, 2024 | Updated by Findlaw Staff
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 31-9-2-114) 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 31-9-2-117) 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.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-3-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-44-1-3-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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