Trafficking with an inmate or child
Sec. 9. (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
adjudication 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) Except as provided in subsection (d), a person who, without
the prior authorization of the person in charge of a penal facility or
juvenile facility knowingly or intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal
facility or juvenile facility, 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.
(c) If the person who committed the offense under subsection (b)
is an employee of:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall impose a mandatory five thousand dollar
($5,000) fine under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if the
article is:
(1) a controlled substance; or
(2) a deadly weapon.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.67; Acts 1981, P.L.300, SEC.2; P.L.223-1996, SEC.1;
P.L.183-1999, SEC.2; P.L.243-1999, SEC.2; P.L.30-2004, SEC.1.
Last modified: May 24, 2006