Colorado § 18-8-204 - Introducing contraband in the second degree - definition.

§ 18-8-204. Introducing contraband in the second degree - definition.

(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 an 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 18-18-102; except that, for the purposes of this section, prescription drug products approved by the federal food and drug administration and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado are "marijuana".

(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.

Source: 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. L. 2026: IP(2) and (2)(q) amended, (HB 26-1214), ch. 231, p. 1341, § 8, effective August 12.

Editor's note: 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).

ANNOTATION

Law reviews. For article, "Review of New Legislation Relating to Criminal Law", see 11 Colo. Law. 2148 (1982).

Section deemed unconstitutional delegation of power. Prior to the 1982 amendments, this section contained no standards to guide the administrative head of a detention facility in the exercise of his delegated discretion to declare certain items contraband and was, therefore, an unconstitutional delegation of the general assembly's power to declare an act to be a crime. People v. Lepik, 629 P.2d 1080 (Colo. 1981).

Section deemed constitutional delegation of power. The statute imposes adequate standards and procedural safeguards because it requires the administrative head of a detention facility to determine whether an item poses or may pose a risk prior to categorizing it as contraband, to find that there is a reasonable probability that an item would pose a threat, and to give notice of what is contraband. Allowing each detention facility to determine what is contraband based on the specific conditions present at each facility does not result in an unlawful delegation of authority. People v. Holmes, 959 P.2d 406 (Colo. 1998).

The notice required in this section must be sufficient to inform a visitor that an item constitutes contraband under this section and that bringing the item into the facility therefore constitutes criminal activity. The notice requirement is not satisfied by simply informing the visitor that the item is prohibited. People v. Holmes, 959 P.2d 406 (Colo. 1998).

"Contraband" as used in this section has a limited meaning. It refers only to the items specified in subsection (2)(a) through (k) and any item that the administrative head of the facility has determined to be a risk or probable risk to the security of the facility. People v. Holmes, 959 P.2d 406 (Colo. 1998).

Any amount of marihuana sufficient to ingest will support a conviction for possession of contraband in a detention facility, where statute fails to specify an amount. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).

Applied in People v. West, 42 Colo. App. 217, 603 P.2d 967 (1979); People v. Villapando, 984 P.2d 51 (Colo. 1999).