(1) A person commits introducing contraband in the second degree if he or she knowingly and unlawfully:
(a) Introduces or attempts to introduce contraband into a detention facility;
or
(b) Being a person confined in a detention facility, makes any contraband, as
defined in subsection (2) of this section.
(1.5) A person confined in a detention facility commits introducing
contraband in the second degree if he or she knowingly and unlawfully introduces
or attempts to introduce contraband into a detention facility or at any location
where an inmate is likely to be located, while such inmate is in the custody and
under the jurisdiction of a political subdivision of the state of Colorado or the
department of corrections, but not on parole.
(2) As used in this section, contraband means any of the following, but
does not include any article or thing referred to in section 18-8-203:
(a) Any key, key pattern, key replica, or lock pick;
(b) Any tool or instrument that could be used to cut fence or wire, dig, pry, or
file;
(c) Any money or coin of United States or foreign currency or any written
instrument of value;
(d) Any uncancelled postage stamp or implement of the United States postal
service;
(e) Any counterfeit or forged identification card;
(f) Any combustible material other than safety matches;
(g) Any drug, other than a controlled substance as defined in section 18-18-102 (5), in quantities other than those authorized by a physician;
(h) Any mask, wig, disguise, or other means of altering normal physical
appearance which could hinder ready identification;
(i) Any drug paraphernalia as defined in section 18-18-426;
(j) Any material which is obscene as defined in section 18-7-101;
(k) Any chain, rope, or ladder;
(l) Any article or thing that poses or may pose a threat to the security of the
detention facility as determined by the administrative head of the detention facility
if reasonable notice is given that such article or thing is contraband;
(m) For purposes of a facility of the department of corrections or any private
contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (14);
(n) Any portable electronic communication device, including but not limited
to cellular telephones; cloned cellular telephones as defined in section 18-9-309;
public, private, or family-style radios; pagers; personal digital assistants; any other
device capable of transmitting or intercepting cellular or radio signals between
providers and users of telecommunication and data services; and portable
computers; except those devices authorized by the executive director of the
department of corrections or his or her designee;
(o) A controlled substance, as defined in section 18-18-102 (5);
(p) Malt liquors, vinous liquors, or spirituous liquors, as those terms are
defined in section 44-3-103, or fermented malt beverage, as defined in section 44-4-103; or
(q) Marijuana or marijuana concentrate, as those terms are defined in section
27-80-203 (15) and (16).
(3) (a) Introducing contraband in the second degree that involves contraband
described in subsection (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this
section is a class 6 felony.
(b) Introducing contraband in the second degree that involves contraband
described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of
this section is a class 2 misdemeanor.
L. 71: R&RE, p. 458, § 1. C.R.S. 1963: § 40-8-204. L. 76, Ex. Sess.: (3) amended, p. 13, § 2, effective September 18. L. 77: (3) amended, p. 878, § 46, effective July 1, 1979. L. 82: (1)(b) amended and (2) R&RE, p. 318, §§ 1, 2, effective March 11. L. 86: (2)(j) amended, p. 784, § 5, effective April 21. L. 89: (3) amended, p. 839, § 78, effective July 1. L. 92: (2)(i) amended, p. 392, § 21, effective July 1. L. 2000: (2)(m) added, p. 851, § 58, effective May 24; (2)(b) amended, p. 709, § 43, effective July 1. L. 2002: IP(1) and (2)(m) amended and (1.5) added, p. 810, § 2, effective July 1. L. 2005: (2)(m) amended and (2)(n) added, p. 609, § 1, effective July 1. L. 2012: (2)(g) amended, (HB 12-1311), ch. 281, p. 1620, § 47, effective July 1. L. 2021: IP(2), (2)(m), and (3) amended and (2)(o), (2)(p), and (2)(q) added, (SB 21-271), ch. 462, p. 3197, § 285, effective March 1, 2022. L. 2023: (2)(m) amended, (HB 23-1015), ch. 142, p. 612, § 11, effective January 1, 2024.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
