The illegal conveyance of weapons, drugs, liquor, cash, or electronic communications devices onto the grounds of a detention facility or other government institution is a serious charge in the state of Ohio that can result in serious repercussions. The typical scenario encompassing this charge often involves a family member or a significant other trying to sneak (convey) drugs into a detention facility where the inmate with whom they are related is being held. Occasionally, you’ll read about an employee of the prison attempting to commit this crime, and if he or she is convicted of conveying drugs or weapons into the prison and work for the Ohio Department of Rehabilitation and Corrections, that employee is subject to mandatory prison time.
Section 2921.36 of the Ohio Revised Code states in relevant part:
(A) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or facility that is under the control of 1.) the department of mental health and addiction services; 2.) the department of developmental disabilities; 3.) the department of youth services; 4.) or the department of rehabilitation and correction any of the following items:
(1) Any deadly weapon or dangerous ordnance, or any part of or ammunition for use in such a deadly weapon or dangerous ordnance;
(2) Any drug of abuse;
(3) Any intoxicating liquor.
In addition to weapons, ammunition, drugs and liquor, it is also illegal to convey cash or any electronic communications device such as your cell phone into a detention facility.
Illegal Conveyance of Weapons or Drugs
If you are convicted of the illegal conveyance of weapons or drugs into a detention facility, it is a third-degree felony, and the penalties are 9, 12, 18, 24, 30, or 36 months in prison and a fine not to exceed $10,000. Instead of a prison sentence, you could receive court-ordered community control sanctions (also referred to as probation) and be required to pay court costs and a fine.
If you are sent to prison, you may also be placed on three years of post-release control (also referred to as parole) after your release from prison.
Illegal Conveyance of Liquor
If you are convicted of the illegal conveyance of liquor into a detention facility, it is a second-degree misdemeanor (M-2) punishable by up to 90 days in jail, a fine not to exceed $750, and court costs. You can also receive probation.
Illegal Conveyance of Cash or Cell Phone
If you are convicted of the illegal conveyance of cash or an electronic communications device into a detention facility, it is a first-degree misdemeanor (M-1) punishable by up to 180 days in jail, a fine not to exceed $1,000, and court costs. You can also receive probation. If you have a previous conviction for this same crime, illegal conveyance is then a fifth-degree felony, and the penalties are 6 to 12 months (in prison in one-month increments) and a fine not to exceed $2,500.
Instead of a prison sentence, you may receive probation and be required to pay court costs, restitution, and a fine. If you are sent to prison, you may also be placed on three years of post-release control (parole) following your release.
Illegal Conveyance is a Serious Crime
A misdemeanor or felony conviction for illegal conveyance becomes part of your permanent record, and a felony conviction will prevent you from purchasing or possessing a firearm. Many other collateral penalties may be imposed if you are convicted – penalties that can have an adverse impact on many aspects of your life, including your current job and future employment. As well, you may encounter professional licensure and immigration issues.
If you have been charged with illegal conveyance in Ohio, an experienced criminal defense attorney will help determine whether you have any defense(s) to the charge(s) and will thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.