CRIMINAL LAWAND PROCEDURE
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is a Level 5 felony if, while committing it, the per-
son draws or uses a deadly weapon or inflicts
bodily injury on another person.
35-44.1-3-5. Trafficking with an inmate.
(a) As used in this section, “juvenile facility”
means the following:
(1) A secure facility (as defined in IC 31-
9-2-114) in which a child is detained under
IC 31 or used for a child awaiting adjudi-
cation or adjudicated under IC 31 as a
child in need of services or a delinquent
child.
(2) A shelter care facility (as defined in IC
31-9-2-117) in which a child is detained
under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as
a child in need of services or a delinquent
child.
(b) A person who, without the prior authori-
zation of the person in charge of a penal facility
or juvenile facility, knowingly or intentionally:
(1) delivers, or carries into the penal facil-
ity or juvenile facility with intent to deliver,
an article to an inmate or child of the facil-
ity;
(2) carries, or receives with intent to carry
out of the penal facility or juvenile facil-
ity, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a worksite with
the intent to deliver, alcoholic beverages to
an inmate or child of a jail work crew or
community work crew;
commits trafficking with an inmate, a Class A
misdemeanor. However, the offense is a Level 5
felony under subdivision (1) or (2) if the article is
a controlled substance, a deadly weapon, or a cel-
lular telephone or other wireless or cellular com-
munications device.
(c) If:
(1) the person who committed the offense
under subsection (b) is an employee of:
(A) the department of correction; or
(B) a penal facility;
and the article is a cigarette or tobacco
product (as defined in IC 6-7-2-5), the
court shall order the person to pay a fine
of at least five hundred dollars ($500) and
not more than five thousand dollars
($5,000) under IC 35-50-3-2, in addition
to any term of imprisonment imposed
under IC 35-50-3-2; or
(2) a person convicted of committing a
Level 5 felony under subsection (b)(1) or
(b)(2) because the article was a cellular
telephone or other wireless or cellular
communication device, the court shall
order the person to pay a fine of at least five
hundred dollars ($500) and not more than
ten thousand dollars ($10,000) under IC
35-50-2-6(a) in addition to any term of
imprisonment imposed on the person under
IC 35-50-2-6(a).
(d) A person who:
(1) is not an inmate of a penal facility or
a child of a juvenile facility; and
(2) knowingly or intentionally possesses
in, or carries or causes to be brought into,
the penal facility or juvenile facility, a
deadly weapon without the prior authori-
zation of the person in charge of the penal
facility or juvenile facility;
commits carrying a deadly weapon into a correc-
tional facility, a Level 5 felony.
35-44.1-3-6. Trafficking with an inmate
outside a facility.
(a) As used in this section, “contraband”
means the following:
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
(4) Any 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 a 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.
