Introducing Contraband / Introduction of Contraband

The Weld, Morgan, and Logan County Jails all have very strict rules on what is allowed in their facility. Anything brought in that is not on the approved list is considered contraband, and may result in a criminal charge of Introduction of Contraband. This crime can be charged as Introducing Contraband in the First Degree or Introducing Contraband in the Second Degree. The difference between the two is the type of contraband brought into the facility.

What is the Definition of Introduction of Contraband in the 1st Degree?

The Colorado law definition of Introducing Contraband in the First Degree – C.R.S. 18-8-203 – is:

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

(a) Introduces or attempts to introduce a dangerous instrument, malt, vinous, or spirituous liquor, as defined in section 12-47-103, C.R.S., fermented malt beverage, as defined in section 12-46-103, C.R.S., 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), C.R.S., 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

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

What is the Definition of Introducing Contraband in the 2nd Degree?

The Colorado law definition of Introducing Contraband in the Second Degree – C.R.S 18-8-204 – is:

(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.

What are the Different Types of Contraband?

Whether you will be facing a First Degree Introduction of Contraband charge or a Second Degree Introducing Contraband charge is dependent on the type of contraband brought into the Weld County Jail or any other Colorado County Jail.

What contraband is covered in the Introduction of Contraband in the First Degree statute? 
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What contraband is covered in the Introduction of Contraband in the Second Degree statute? 
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  • Dangerous Instrument – firearm, explosive device, ammunition, knife or sharpened instrument, poison, acid, bludgeon, or any device capable of causing fear of death or bodily injury
  
  • Portable Electronic Communication Devices - cellular telephones, radios, pagers, computers, or any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services
  • Liquor
  
  • Key, Key Pattern, Key Replica, or Lock Pick
  • Beer
  
  • Any Tool or Instrument used to cut fence, or dig, pry, or file
  • Controlled Substance - a drug or substance, including cocaine, heroin, and methamphetamines
  
  • Any Money or Coin of US or foreign currency
  • Marijuana or Marijuana Concentrate
  
  • 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, in quantities 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

 

  
  • Any material which is "obscene" – sexual in nature like pornography

 

  
  • Any chain, rope, or ladder

 

  
  • Any article or thing that poses or may pose a threat to the security of the detention facility not covered in First Degree Introduction of Contraband

 

  
  • Any cigarettes or tobacco products

What is the Sentence / Punishment for Introducing Contraband?

In Greeley, Erie, and Windsor, Introduction of Contraband is a felony crime. Introducing Contraband in the First Degree is a class 4 felony, punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. It is charged more harshly because the contraband is seen as more serious or harmful to the facility. Introduction of Contraband in the Second Degree is a class 6 felony, which is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. With so much at stake, it is vital you have an experienced criminal defense attorney on your side.

CHARGED WITH INTRODUCTION OF CONTRABAND OR INTRODUCING CONTRABAND IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer
in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

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