Section 35-44.1-3-6 - [Effective Until 7/1/2024] Trafficking with an inmate outside a facility(a) As used in this section, "contraband" means the following: (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; 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).
Amended by P.L. 158-2013, SEC. 513, eff. 7/1/2014.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.