CRIMINAL LAWAND PROCEDURE
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(2) A person serving an intermittent term
of imprisonment or detention.
(3) A person serving a term of imprison-
ment or detention as:
(A) a condition or probation;
(B) a condition of a community cor-
rections program;
(C) part of a community transition pro-
gram;
(D) part of a reentry court program;
(E) part of a work release program; or
(F) part of a community based pro-
gram that is similar to a program
described in clauses (A) through (E).
(4) A person who has escaped from incar-
ceration or walked away from secure
detention.
(5) A person on temporary leave (as
described in IC 11-10-9) or temporary
release (as described in IC 11-10-10).
(c) Aperson who, with the intent of providing
contraband to an inmate outside a facility:
(1) delivers contraband to an inmate out-
side a facility; or
(2) places contraband in a location where
an inmate outside a facility could obtain the
contraband;
commits trafficking with an inmate outside a
facility, a Class A misdemeanor. However, the
offense is a Level 6 felony if the contraband is an
item described in subsection (a)(3), and a Level
5 felony if the contraband is an item described in
subsection (a)(4).
35-44.1-3-7. Prisoner possessing dangerous
device or material.
Aperson who knowingly or intentionally while
incarcerated in a penal facility possesses a device,
equipment, a chemical substance, or other mate-
rial that:
(1) is used; or
(2) is intended to be used;
in a manner that is readily capable of causing
bodily injury commits a Level 5 felony. However,
the offense is a Level 4 felony if the device, equip-
ment, chemical substance, or other material is a
deadly weapon.
35-44.1-3-8. Possession of a cell phone while
incarcerated.
Aperson who knowingly or intentionally pos-
sesses a cellular telephone or other wireless or cel-
lular communications device while incarcerated
in a penal facility commits a Class A misde-
meanor.
35-44.1-3-9. Sex offender violating lifetime
parole provisions.
(a) A person who is being supervised on life-
time parole (as described in IC 35-50-6-1) and who
knowingly or intentionally violates a condition of
lifetime parole that involves direct or indirect
contact with a child less than sixteen (16) years of
age or with the victim of a crime that was com-
mitted by the person commits a Level 6 felony if,
at the time of the violation:
(1) the person’s lifetime parole has been
revoked two (2) or more times; or
(2) the person has completed the person’s
sentence, including any credit time the
person may have earned.
(b) The offense described in subsection (a) is
a Level 5 felony if the person has a prior unrelated
conviction under this section.
35-44.1-3-10. Sexual misconduct.
(a) The following definitions apply through-
out this section:
(1) “Lawful supervision” means supervi-
sion by:
(A) the department of correction;
(B) a court;
(C) a probation department;
(D) a community corrections program,
a community transition program, or
another similar program; or
(E) parole.
(2) “Service provider” means:
(A) with respect to a person subject to
lawful detention:
(i) a public servant;
(ii) a person employed by a gov-
ernmental entity; or
(iii) a person who provides goods
or services to a person who is sub-
