§710-1022

Promoting prison contraband in the first degree

Public corruption · Chapter 710 — Offenses Against Public Administration · Part III. Escape and Other Offenses Related to

(1) A person commits the offense of promoting prison contraband in the first degree if:

(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or

(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.

(2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.

(3) Promoting prison contraband in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L 1986, c 339, §79; gen ch 1993]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

Source / Amendment history

[L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L 1986, c 339, §79; gen ch 1993]

Cross references, commentary & case notes

Case Notes As suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, section did not violate defendant's equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under §710-1023. 92 H. 217 (App.), 990 P.2d 115 (1999). Section 710-1023(1)(b) (1993) is a lesser included offense of subsection (1)(b). 92 H. 217 (App.), 990 P.2d 115 (1999).

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