Section 35-44.1-3-5 - [Effective 7/1/2024] Trafficking with an inmate; carrying a deadly weapon into a correctional facility(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).(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.
Amended by P.L. 71-2024,SEC. 3, eff. 7/1/2024.Amended by P.L. 104-2024,SEC. 41, eff. 7/1/2024.Amended by P.L. 22-2024,SEC. 1, eff. 7/1/2024.Amended by P.L. 168-2014, SEC. 81, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 512, eff. 7/1/2014.Amended by P.L. 5-2013, SEC. 1, eff. 3/27/2013.Added by P.L. 126-2012, SEC. 54, eff. 7/1/2012.This section is set out more than once due to postponed, multiple, or conflicting amendments.