Indiana criminal charge
Possession of a dangerous device while incarcerated in Indiana
Possession of a dangerous device while incarcerated is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-7. 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 § 35-44.1-3-7.
What is the penalty for possession of a dangerous device while incarcerated in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Possession of a dangerous device while incarcerated (base offense) — Applies when a person while incarcerated knowingly or intentionally possesses a device, equipment, chemical substance, or other material used or intended to be used in a manner readily capable of causing bodily injury.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Possession of a dangerous device while incarcerated (base offense) — Applies when a person while incarcerated knowingly or intentionally possesses a device, equipment, chemical substance, or other material used or intended to be used in a manner readily capable of causing bodily injury.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Possession of a dangerous device while incarcerated (deadly weapon) — Applies when the device, equipment, chemical substance, or other material possessed while incarcerated is a deadly weapon.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Possession of a dangerous device while incarcerated (deadly weapon) — Applies when the device, equipment, chemical substance, or other material possessed while incarcerated is a deadly weapon.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is possession of a dangerous device while incarcerated classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of a dangerous device while incarcerated (base offense) | Level 5 Felony | Applies when a person while incarcerated knowingly or intentionally possesses a device, equipment, chemical substance, or other material used or intended to be used in a manner readily capable of causing bodily injury. | Ind. Code § 35-44.1-3-7undefined |
| Possession of a dangerous device while incarcerated (deadly weapon) | Level 4 Felony | Applies when the device, equipment, chemical substance, or other material possessed while incarcerated is a deadly weapon. | Ind. Code § 35-44.1-3-7undefined |
Common questions about possession of a dangerous device while incarcerated in Indiana
Is possession of a dangerous device while incarcerated a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of a dangerous device while incarcerated ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-3-7.
Possession of a dangerous device while incarcerated (base offense): Level 5 Felony (Ind. Code § 35-44.1-3-7) · Possession of a dangerous device while incarcerated (deadly weapon): Level 4 Felony (Ind. Code § 35-44.1-3-7)
What are the penalties for possession of a dangerous device while incarcerated in Indiana?
Penalties for possession of a dangerous device while incarcerated in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers possession of a dangerous device while incarcerated?
Possession of a dangerous device while incarcerated is governed by Ind. Code § 35-44.1-3-7 (Possession of a dangerous device while incarcerated).
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.