Indiana criminal charge
Harboring an illegal alien in Indiana
Harboring an illegal alien is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-5-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-44.1-5-4.
What is the penalty for harboring an illegal alien in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Harboring an illegal alien (base offense) — A person knowingly or intentionally conceals, harbors, or shields an alien from detection for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully in the United States.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Harboring an illegal alien (base offense) — A person knowingly or intentionally conceals, harbors, or shields an alien from detection for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully in the United States.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Harboring an illegal alien (more than nine aliens) — The violation under this section involves more than nine aliens.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Harboring an illegal alien (more than nine aliens) — The violation under this section involves more than nine aliens.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is harboring an illegal alien classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Harboring an illegal alien (base offense) | Class A Misdemeanor | A person knowingly or intentionally conceals, harbors, or shields an alien from detection for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully in the United States. | Ind. Code § 35-44.1-5-4(a) |
| Harboring an illegal alien (more than nine aliens) | Level 6 Felony | The violation under this section involves more than nine aliens. | Ind. Code § 35-44.1-5-4(b) |
Common questions about harboring an illegal alien in Indiana
Is harboring an illegal alien a felony or a misdemeanor in Indiana?
It depends on the circumstances: harboring an illegal alien ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-44.1-5-4.
Harboring an illegal alien (base offense): Class A Misdemeanor (Ind. Code § 35-44.1-5-4(a)) · Harboring an illegal alien (more than nine aliens): Level 6 Felony (Ind. Code § 35-44.1-5-4(b))
What are the penalties for harboring an illegal alien in Indiana?
Which Indiana statute covers harboring an illegal alien?
Harboring an illegal alien is governed by Ind. Code § 35-44.1-5-4 (Harboring an illegal alien).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.