Sec. 6. (a) As used in this section, "contraband" means the following: (1) Alcohol. (2) A cigarette or tobacco product. (3) A controlled substance. (4) An 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 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) An adult or juvenile pretrial detainee. (2) A person serving an intermittent term of imprisonment or detention. (3) A person serving a term of imprisonment or detention as: (A) a condition of probation; (B) a condition of a community corrections program; (C) part of a community transition program; (D) part of a reentry court program; (E) part of a work release program; or (F) part of a community based program that is similar to a program described in clauses (A) through (E). (4) A person who has escaped from incarceration 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) A person who, with the intent of providing contraband to an inmate outside a facility: (1) delivers contraband to an inmate outside a facility; or (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).
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