Are You Staying in Jail?

[Bill B]

LCSO:
The relevant part, part 4 does not mention intent to deliver, just posession.

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;
(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; or
(4) possesses in or carries into a penal facility or a juvenile facility:

So if you "knownigly or intentionally posses in or carries into a penal facility or a juevenile facility" that is trafficing

 

[ryknoll3]

What exactly constitutes a "penal facility"? Is there a legal definition for this in the IC? Does this include any police station with a lockup? Does this include the public area of the police station?

I was in my town's PD for prints and sign-off for my new suppressor and they took me back to the booking area for prints. My handgun was locked up in my car, but I was wondering about this. Does any area with cells constitute a "penal facility" or does that have to be somewhere where people are actually incarcerated? Does it include the vestibule/waiting area? In our police station, you can't access anything other than the secretary's window without being buzzed into the inner portion of the station.

 

[ryknoll3]

I did find this... don't know if it clears anything up.

IC 35-41-1-21
"Penal facility"
Sec. 21. "Penal facility" means state prison, correctional facility, county jail, penitentiary, house of correction, or any other facility for confinement of persons under sentence, or awaiting trial or sentence, for offenses. The term includes a correctional facility constructed under IC 4-13.5

Don't know if this is just for that section of the IC, but it seems that a local police station lockup could potentially NOT qualify, because they generally don't hold people awaiting trial or sentence do they? Aren't those people transferred to the county jail? Or is that definition ambiguous enough to cover anything with 4 walls and a lock.

 

[Bill B]

I did find this... don't know if it clears anything up.



Don't know if this is just for that section of the IC, but it seems that a local police station lockup could potentially NOT qualify, because they generally don't hold people awaiting trial or sentence do they? Aren't those people transferred to the county jail? Or is that definition ambiguous enough to cover anything with 4 walls and a lock.

Depends on the definition of "hold." I know that Hammond "holds" federal prisoners (or at least used to). I, for one, really have no desire to be a test case.

 

[SHEEPdOHdoubleG]

It wouldn't matter if you had broken a law or not, you would probably instantly be tazed by some trigger happy cop. Sir I would like to inform you that I am I LTCH and I have my GU------ZzZzZZZZzzzzZZzZzzZZz---40,0000 Volts------