C.R.S. Section 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 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)

[Editor’s note:
This version of subsection (2)(m) is effective until January 1, 2024.]
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 (5);

(m)

[Editor’s note:
This version of subsection (2)(m) is effective January 1, 2024.]
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)

Intentionally left blank —Ed.

(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: Section 18-8-204 — Introducing contraband in the second degree - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑8‑101
Definitions
18‑8‑102
Obstructing government operations
18‑8‑103
Resisting arrest
18‑8‑104
Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer
18‑8‑105
Accessory to crime
18‑8‑106
Refusal to permit inspections
18‑8‑108
Compounding
18‑8‑109
Concealing death
18‑8‑110
False report of explosives, weapons, or harmful substances
18‑8‑111
False reporting to authorities - false reporting of an emergency - definition
18‑8‑111.5
False reporting of identifying information to law enforcement authorities - definition
18‑8‑112
Impersonating a peace officer
18‑8‑113
Impersonating a public servant
18‑8‑114
Abuse of public records
18‑8‑115
Duty to report a crime - liability for disclosure
18‑8‑116
Disarming a peace officer
18‑8‑117
Unlawful sale of publicly provided services or appointments - definitions
18‑8‑201
Aiding escape
18‑8‑201.1
Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders
18‑8‑203
Introducing contraband in the first degree
18‑8‑204
Introducing contraband in the second degree - definition
18‑8‑204.1
Possession of contraband in the first degree
18‑8‑204.2
Possession of contraband in the second degree
18‑8‑206
Assault during escape
18‑8‑207
Holding hostages
18‑8‑208
Escapes
18‑8‑208.1
Attempt to escape
18‑8‑208.2
Unauthorized absence
18‑8‑209
Concurrent and consecutive sentences
18‑8‑210.1
Persons in custody or confinement - juvenile offenders
18‑8‑210.2
Persons in custody or confinement
18‑8‑211
Riots in detention facilities
18‑8‑212
Violation of bail bond conditions
18‑8‑213
Unauthorized residency by an adult offender from another state
18‑8‑301
Definitions
18‑8‑302
Bribery
18‑8‑303
Compensation for past official behavior
18‑8‑304
Soliciting unlawful compensation
18‑8‑305
Trading in public office
18‑8‑306
Attempt to influence a public servant
18‑8‑307
Designation of supplier prohibited
18‑8‑308
Failing to disclose a conflict of interest
18‑8‑401
Definitions
18‑8‑402
Misuse of official information
18‑8‑403
Official oppression
18‑8‑404
First degree official misconduct
18‑8‑405
Second degree official misconduct
18‑8‑406
Issuing a false certificate
18‑8‑407
Embezzlement of public property
18‑8‑408
Designation of insurer prohibited
18‑8‑409
Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution
18‑8‑410
Abuse of public trust by an educator - definitions
18‑8‑501
Definitions
18‑8‑502
Perjury in the first degree
18‑8‑503
Perjury in the second degree
18‑8‑504
False swearing
18‑8‑505
Perjury or false swearing - inconsistent statements
18‑8‑506
Perjury and false swearing - proof
18‑8‑507
Perjury and false swearing - previous criminal action
18‑8‑508
Perjury - retraction
18‑8‑509
Perjury and false swearing - irregularities no defense
18‑8‑601
Definitions
18‑8‑603
Bribe-receiving by a witness
18‑8‑606
Bribing a juror
18‑8‑607
Bribe-receiving by a juror
18‑8‑608
Intimidating a juror
18‑8‑609
Jury-tampering
18‑8‑610
Tampering with physical evidence
18‑8‑610.5
Tampering with a deceased human body
18‑8‑611
Simulating legal process
18‑8‑612
Failure to obey a juror summons
18‑8‑613
Willful misrepresentation of material fact on juror questionnaire
18‑8‑614
Willful harassment of juror by employer
18‑8‑615
Retaliation against a judge or an elected official - definitions
18‑8‑616
Retaliation against a prosecutor
18‑8‑701
Short title
18‑8‑702
Definitions
18‑8‑703
Bribing a witness or victim
18‑8‑704
Intimidating a witness or victim
18‑8‑705
Aggravated intimidation of a witness or victim
18‑8‑706
Retaliation against a witness or victim
18‑8‑706.3
Aggravated retaliation against a witness or victim
18‑8‑706.5
Retaliation against a juror
18‑8‑707
Tampering with a witness or victim
18‑8‑708
Suit for damages by victim of intimidation or retaliation
18‑8‑801
Definitions
18‑8‑802
Duty to report use of force by peace officers - duty to intervene
18‑8‑803
Use of excessive force
18‑8‑804
Approved policy or guidelines
18‑8‑805
Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-8-204’s source at colorado​.gov