Indiana criminal charge
Trafficking with an inmate outside a facility in Indiana
Trafficking with an inmate outside a facility is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-6. 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 § 35-44.1-3-6.
What is the penalty for trafficking with an inmate outside a facility in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Trafficking with an inmate outside a facility — general contraband — The contraband delivered or placed for an inmate outside a facility is alcohol or a cigarette/tobacco product (not a controlled substance or weapon item).) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Trafficking with an inmate outside a facility — general contraband — The contraband delivered or placed for an inmate outside a facility is alcohol or a cigarette/tobacco product (not a controlled substance or weapon item).) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Trafficking with an inmate outside a facility — controlled substance — The contraband delivered or placed for an inmate outside a facility is a controlled substance as described in subsection (a)(3).; 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 (Trafficking with an inmate outside a facility — controlled substance — The contraband delivered or placed for an inmate outside a facility is a controlled substance as described in subsection (a)(3).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Trafficking with an inmate outside a facility — weapon item — The contraband delivered or placed for an inmate outside a facility is an item that may be used as a weapon as described in subsection (a)(4).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Trafficking with an inmate outside a facility — weapon item — The contraband delivered or placed for an inmate outside a facility is an item that may be used as a weapon as described in subsection (a)(4).) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is trafficking with an inmate outside a facility classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trafficking with an inmate outside a facility — general contraband | Class A Misdemeanor | The contraband delivered or placed for an inmate outside a facility is alcohol or a cigarette/tobacco product (not a controlled substance or weapon item). | Ind. Code § 35-44.1-3-6(c) |
| Trafficking with an inmate outside a facility — controlled substance | Level 6 Felony | The contraband delivered or placed for an inmate outside a facility is a controlled substance as described in subsection (a)(3). | Ind. Code § 35-44.1-3-6(c) |
| Trafficking with an inmate outside a facility — weapon item | Level 5 Felony | The contraband delivered or placed for an inmate outside a facility is an item that may be used as a weapon as described in subsection (a)(4). | Ind. Code § 35-44.1-3-6(c) |
Common questions about trafficking with an inmate outside a facility in Indiana
Is trafficking with an inmate outside a facility a felony or a misdemeanor in Indiana?
It depends on the circumstances: trafficking with an inmate outside a facility ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-44.1-3-6.
Trafficking with an inmate outside a facility — general contraband: Class A Misdemeanor (Ind. Code § 35-44.1-3-6(c)) · Trafficking with an inmate outside a facility — controlled substance: Level 6 Felony (Ind. Code § 35-44.1-3-6(c)) · Trafficking with an inmate outside a facility — weapon item: Level 5 Felony (Ind. Code § 35-44.1-3-6(c))
What are the penalties for trafficking with an inmate outside a facility in Indiana?
Penalties for trafficking with an inmate outside a facility in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers trafficking with an inmate outside a facility?
Trafficking with an inmate outside a facility is governed by Ind. Code § 35-44.1-3-6 (Trafficking with an inmate outside a facility).
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.