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  • Writer's pictureBrandon Hicks

Understanding 35-44.1-3-8 Indiana's Cellular Phone Possession While Incarcerated


In the state of Indiana, the possession of a cellular phone while incarcerated is a serious offense with legal consequences that should not be taken lightly. The Indiana Code, specifically IC 35-44.1-3-8, outlines the legalities of possessing a cellular phone while behind bars. At B. Hicks Law, we specialize in criminal defense cases, and we're here to provide you with valuable information about this particular law and how we can help if you or a loved one is facing charges related to it.


IC 35-44.1-3-8: Possession of a Cellular Phone While Incarcerated


IC 35-44.1-3-8 addresses the issue of individuals knowingly or intentionally possessing a cellular telephone or other wireless or cellular communications device while incarcerated in a penal facility. This offense is classified as a Class A misdemeanor under Indiana law. The severity of a Class A misdemeanor cannot be understated, as it can result in heavy fines, imprisonment, and a lasting criminal record.


The law was introduced with P.L.126-2012 and amended by P.L.5-2013, SEC.2, to enhance its provisions and penalties. The intent behind this legislation is clear: to maintain the safety and security of penal facilities by restricting inmates' access to cellular phones and communication devices.

Consequences of Possession of a Cellular Phone While Incarcerated:

  1. Class A Misdemeanor: As mentioned, the possession of a cellular phone while incarcerated is classified as a Class A misdemeanor, which is the most serious type of misdemeanor in Indiana. If convicted, the offender can face up to one year in jail and a fine of up to $5,000.

  2. Criminal Record: A Class A misdemeanor conviction can result in a permanent criminal record, which can have a detrimental impact on your future job prospects, housing opportunities, and other aspects of your life.

  3. Legal Defense: If you or a loved one is facing charges under IC 35-44.1-3-8, it's crucial to consult with an experienced criminal defense attorney. B. Hicks Law Firm specializes in criminal defense and can provide the necessary guidance and representation to navigate the complexities of your case.

How B. Hicks Law Can Help:


At B. Hicks Law, we understand that facing criminal charges can be overwhelming. Our team of dedicated attorneys has extensive experience in criminal defense law, and we're committed to protecting your rights and providing a robust legal defense. Here's how we can assist you:

  1. Case Evaluation: We offer a free initial consultation to discuss the specifics of your case. Our experienced attorneys will assess the evidence, listen to your side of the story, and provide an honest evaluation of your legal situation.

  2. Legal Expertise: We have a deep understanding of Indiana's criminal laws, including IC 35-44.1-3-8, and can craft a strong defense strategy tailored to your unique circumstances.

  3. Negotiation and Litigation: Whether negotiating for reduced charges or defending your case in court, we are committed to securing the best possible outcome for you.

  4. Client-Centered Approach: We value our clients' well-being and work tirelessly to protect their rights and future.

Possession of a cellular phone while incarcerated is a serious offense in Indiana, with the potential for a Class A misdemeanor conviction. If you or someone you know is facing charges under IC 35-44.1-3-8, it's essential to seek professional legal representation. The experienced attorneys at B. Hicks Law Firm are here to help, offering personalized support and expert guidance throughout the legal process.

Don't face these charges alone. Contact B. Hicks Law Firm today to schedule your free consultation and take the first step towards a strong legal defense. Your future and freedom are our top priority.

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