Introducing contraband in the first degree.

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(1) A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:

  1. Introduces or attempts to introduce a dangerous instrument; malt, vinous, or spirituous liquor, as defined in section 44-3-103; fermented malt beverage, as defined in section 44-4-103; controlled substance, as defined in section 18-18-102 (5); or marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), into a detention facility or at any location where an inmate is or is likely to be located, while the 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; or

  2. Being a person confined in a detention facility, makes any dangerous instrument,controlled substance, marijuana or marijuana concentrate, or alcohol.

  1. Introducing contraband in the first degree is a class 4 felony.

  2. "Detention facility" means any building, structure, enclosure, vehicle, institution, work site, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado.

  3. "Dangerous instrument" as used in this section and in section 18-8-204.1, means afirearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized.

Source: L. 71: R&RE, p. 458, § 1. C.R.S. 1963: § 40-8-203. L. 72: p. 275, § 5. L. 76, Ex. Sess.: (1)(a), (1)(b), and (2) amended and (4) added, p. 12, § 1, effective September 18. L. 77: (2) amended, p. 878, § 45, effective July 1, 1979. L. 81: (1)(a) and (1)(b) amended, p. 738, § 23, effective July 1. L. 82: (1)(a) and (1)(b) amended, p. 319, § 3, effective March 11. L. 2002: IP(1), (1)(a), and (3) amended, p. 810, § 1, effective July 1. L. 2010: (1) amended, (HB 101352), ch. 259, p. 1173, § 17, effective August 11. L. 2012: (1)(a) amended, (HB 12-1311), ch. 281, p. 1619, § 46, effective July 1. L. 2018: (1)(a) amended, (HB 18-1025), ch. 152, p. 1078, § 8, effective October 1.

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).


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