1. (a) As used in this section, "contraband" means the following:

   1. (1) Alcohol.
   2. (2) A cigarette or tobacco product.
   3. (3) A controlled substance.
   4. (4) An item that may be used as a weapon.

2. (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 the 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. (1) An adult or juvenile pretrial detainee.
   2. (2) A person serving an intermittent term of imprisonment or detention.

   3. (3) A person serving a term of imprisonment or detention as:

      1. (A) a condition of probation;
      2. (B) a condition of a community corrections program;
      3. (C) part of a community transition program;
      4. (D) part of a reentry court program;
      5. (E) part of a work release program; or
      6. (F) part of a community based program that is similar to a program described in clauses (A) through (E).
   4. (4) A person who has escaped from incarceration or walked away from secure detention.
   5. (5) A person on temporary leave (as described in IC 11-10-9 ) or temporary release (as described in IC 11-10-10 ).

3. (c) A person who, with the intent of providing contraband to an inmate outside a facility:

   1. (1) delivers contraband to an inmate outside a facility; or

   2. (2) places contraband in a location where an inmate outside a facility could obtain the contraband;

      (including delivering or placing through the use of an unmanned aerial vehicle) 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).

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.513; P.L.22-2024, SEC.2.