Sec. 7. A person who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other material that:

(1) is used; or

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 4 felonybetween 2 and 12 yearsup to $10,000
Level 5 felonybetween 1 and 6 yearsup to $10,000
For details, see Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-6

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(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, equipment, chemical substance, or other material is a deadly weapon.

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.514.