Indiana criminal charge
Transporting an illegal alien in Indiana
Transporting an illegal alien is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-5-3. 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 § 35-44.1-5-3.
What is the penalty for transporting an illegal alien in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Transporting an illegal alien (base offense) — A person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Transporting an illegal alien (base offense) — A person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Transporting 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 (Transporting 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 transporting an illegal alien classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Transporting an illegal alien (base offense) | Class A Misdemeanor | A person knowingly or intentionally transports or moves an alien for commercial advantage or private financial gain, knowing or in reckless disregard that the alien is unlawfully present in the United States. | Ind. Code § 35-44.1-5-3(a) |
| Transporting an illegal alien — more than nine aliens | Level 6 Felony | The violation under this section involves more than nine aliens. | Ind. Code § 35-44.1-5-3(b) |
Common questions about transporting an illegal alien in Indiana
Is transporting an illegal alien a felony or a misdemeanor in Indiana?
It depends on the circumstances: transporting an illegal alien ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-44.1-5-3.
Transporting an illegal alien (base offense): Class A Misdemeanor (Ind. Code § 35-44.1-5-3(a)) · Transporting an illegal alien — more than nine aliens: Level 6 Felony (Ind. Code § 35-44.1-5-3(b))
What are the penalties for transporting an illegal alien in Indiana?
Which Indiana statute covers transporting an illegal alien?
Transporting an illegal alien is governed by Ind. Code § 35-44.1-5-3 (Transporting 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.