18 U.S.C. § 1791 : US Code - Section 1791: Providing or possessing contraband in prison

Search 18 U.S.C. § 1791 : US Code - Section 1791: Providing or possessing contraband in prison

(a) Offense. - Whoever -
(1) in violation of a statute or a rule or order issued under a
statute, provides to an inmate of a prison a prohibited object,
or attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains,
or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. - The punishment for an offense under this
section is a fine under this title or -
(1) imprisonment for not more than 20 years, or both, if the
object is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the
object is specified in subsection (d)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the
object is specified in subsection (d)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the
object is specified in subsection (d)(1)(D) or (d)(1)(E) of this
section; and
(5) imprisonment for not more than 6 months, or both, if the
object is specified in subsection (d)(1)(F) of this section.
(c) Consecutive Punishment Required in Certain Cases. - Any
punishment imposed under subsection (b) for a violation of this
section involving a controlled substance shall be consecutive to
any other sentence imposed by any court for an offense involving
such a controlled substance. Any punishment imposed under
subsection (b) for a violation of this section by an inmate of a
prison shall be consecutive to the sentence being served by such
inmate at the time the inmate commits such violation.
(d) Definitions. - As used in this section -
(1) the term "prohibited object" means -
(A) a firearm or destructive device or a controlled substance
in schedule I or II, other than marijuana or a controlled
substance referred to in subparagraph (C) of this subsection;
(B) marijuana or a controlled substance in schedule III,
other than a controlled substance referred to in subparagraph
(C) of this subsection, ammunition, a weapon (other than a
firearm or destructive device), or an object that is designed
or intended to be used as a weapon or to facilitate escape from
a prison;
(C) a narcotic drug, methamphetamine, its salts, isomers, and
salts of its isomers, lysergic acid diethylamide, or
phencyclidine;
(D) a controlled substance (other than a controlled substance
referred to in subparagraph (A), (B), or (C) of this
subsection) or an alcoholic beverage;
(E) any United States or foreign currency; and
(F) any other object that threatens the order, discipline, or
security of a prison, or the life, health, or safety of an
individual;
(2) the terms "ammunition", "firearm", and "destructive device"
have, respectively, the meanings given those terms in section 921
of this title;
(3) the terms "controlled substance" and "narcotic drug" have,
respectively, the meanings given those terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802); and
(4) the term "prison" means a Federal correctional, detention,
or penal facility or any prison, institution, or facility in
which persons are held in custody by direction of or pursuant to
a contract or agreement with the Attorney General.
Up
Prisons
Next »
Mutiny and riot prohibited

FindLaw Career Center