Ohio Revised Code § 2921.36 states it is an offense to deliver certain items to a detention facility, office, building, or institutions under the control of any of the following:
- Department of developmental disabilities
- Department of rehabilitation and corrections
- Department of youth services
- Department of mental health
The term "illegal conveyance" refers to the illegal transportation of weapons, liquor, or drugs to detention facilities or other governmental institutions. Illegal conveyance is a serious charge under Ohio law. A person convicted of illegal conveyance may face large fines and incarceration.
Any person, who has been charged with illegal conveyance, should seek legal representation as soon as possible.
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Overview for Illegal Conveyance in Ohio
Definition for Illegal Conveyance under Ohio Law
Ohio Revised Code § 2921.36 explains that illegal conveyance is an offense in Ohio. A person may not convey, or attempt to convey, onto the grounds of a detention facility or government institution any of the following items:
- Deadly weapon or dangerous ordnance;
- Any ammunition for use in such a deadly weapon or dangerous ordnance;
- Any drug of abuse. This includes all controlled substances such as marijuana or cocaine; and
- Any intoxicating liquor.
Take note, illegal conveyance also applies to children who are confined to youth services facilities, a prisoner released from confinement for a work assignment, and any patient in a mental health facility. This charge does not apply to a person who has written authorization in accordance with the written rules of the institution.
Ohio Penalties for Illegal Conveyance
Penalties for illegal conveyance in Ohio are reliant on what was conveyed, and who transported it. A person who has been convicted of illegal conveyance can face anywhere between a second degree misdemeanor to a third degree felony. Each of these convictions can result in large fines and possible incarceration.
The following are the penalties for illegal conveyance in Ohio.
- Illegal conveyance of weapons – Any person who is found guilty of conveying weapons onto the grounds of one of the specified governmental facilities may face a third degree felony. The maximum possible prison sentence for a third degree felony is up to five years in prison.
- Illegal conveyance of drugs – A person found guilty of illegal conveyance of abusive drugs onto the grounds of one of the specified governmental facilities may face a felony to of the third degree. The maximum possible prison sentence for a third degree felony is up to five year in prison.
- Illegal conveyance of liquor – If a person illegally conveys intoxicating liquor onto the grounds of a specified governmental facility, they may face a misdemeanor to the second degree. A second degree misdemeanor can result in up to 90 days in jail.
- Illegal conveyance of cash – A person, who is guilty of illegal conveyance of cash onto a detention facility, will face a misdemeanor of the first degree. A first degree misdemeanor results in up to 180 days in jail.
- Illegal conveyance of communications device – If a person violates Ohio Rev. Code § 2921.36 regarding communications devices, that person faces a misdemeanor of the first degree. A first degree misdemeanor results in up to 180 days in jail.
In addition to this, the offender will complete a mandatory prison term if he or she is an officer or employee of the department of rehabilitation or correction. Charges will be enhanced if the alleged offender was previously convicted of illegally conveying cash or communications devices into a specified governmental facility. A person, who has been previously convicted of illegally conveying cash or communications device, may face a felony of the fifth degree.
Ohio Revised Code § 2921.36 – Visit the official website for Ohio's laws and rules. Read more regarding the illegal conveyance of weapons, drugs, or other prohibited items. See what kinds of items are considered illegal to convey, the different penalties and how they are determined, and the specified governmental institutions that the statute pertains to.
Controlled Substances – Visit the official website for the Ohio State University's College of Medicine. Gain access to the resources to attend a controlled substances training session illustrated by the Drug Enforcement Administration at Ohio State's campus.
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This article was last updated by Jordan Anderson, on July 30th, 2018.