(1) A person 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
Being a person confined in a detention facility, makes any contraband, as defined insubsection (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) "Contraband" as used in this section means any of the following, but does not include any article or thing referred to in section 18-8-203:
Any key, key pattern, key replica, or lock pick;
Any tool or instrument that could be used to cut fence or wire, dig, pry, or file;
Any money or coin of United States or foreign currency or any written instrument ofvalue;
Any uncancelled postage stamp or implement of the United States postal service;
Any counterfeit or forged identification card;
Any combustible material other than safety matches;
Any drug, other than a controlled substance as defined in section 18-18-102 (5), inquantities other than those authorized by a physician;
Any mask, wig, disguise, or other means of altering normal physical appearance which could hinder ready identification;
Any drug paraphernalia as defined in section 18-18-426;
Any material which is "obscene" as defined in section 18-7-101;
Any chain, rope, or ladder;
Any article or thing that poses or may pose a threat to the security of the detentionfacility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband;
For purposes of a facility of the department of corrections or any private contractprison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5), C.R.S.; or
Any portable electronic communication device, including but not limited to cellulartelephones; cloned cellular telephones as defined in section 18-9-309; public, private, or familystyle 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.
(3) Introducing contraband in the second degree is a class 6 felony.
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.
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).