Introduction of Contraband into a Correctional Facility in Florida
In Florida, it is illegal to introduce contraband into a county jail or detention facility [1] or a state prison. [2]
Definition of Introduction of Contraband into a Correctional Facility
Under Florida Statutes 951.22 and 944.47, the crime of Introduction of Contraband into a Correctional Facility is committed when a person:
- Knowingly introduces, possesses, or attempts to introduce or possess, contraband intended for an inmate;
- Into a county jail or state prison; and
- Did not do so through authorized channels.
Contraband
Contraband is defined as any of the following classes of items:
- Written or recorded communications or currency;
- Articles of food or clothing;
- Intoxicating beverages;
- Controlled substances or non-prescription drugs that causes a hypnotic, stimulating, or depressing effect;
- Firearms, weapons of any kind, or explosive substances; and
- Cellular telephones or portable communication devices.
Penalties for Introduction of Contraband into a Correctional Facility
The penalties for Introduction of Contraband into a Correctional Facility depend on whether the correctional facility was a county or state facility and the type of contraband introduced.
Misdemeanor Introduction of Contraband into a County Correctional Facility
It is a misdemeanor to introduce written communications, recordings, currency, food, clothing, or alcohol into a County Correctional Facility.
Misdemeanor Introduction of Contraband into a County Correctional Facility is a First Degree Degree misdemeanor in Florida and is punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
Introduction of Contraband into a County Correctional Facility
It is a felony to introduce drugs, weapons, cell phones, or electronic communication devices into a County Correctional Facility.
Felony Introduction of Contraband into a County Correctional Facility is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Introduction of Contraband into a County Correctional Facility is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Introduction of Contraband into a County Correctional Facility to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Introduction of Contraband into a State Correctional Facility
The crime of Introduction of Contraband into a State Correctional Facility is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Introduction of Contraband into a State Correctional Facility is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Introduction of Contraband into a State Correctional Facility to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Introduction of a Firearm, Weapon, or Explosive into a State Correctional Facility
The crime of Introduction of a Firearm, Weapon, or Explosive into a State Correctional Facility is a Second Degree Felony in Florida and punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and $10,000 in fines.
Introduction of a Firearm, Weapon, or Explosive into a State Correctional Facility is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code.
Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Introduction of a Firearm, Weapon, or Explosive into a State Correctional Facility to a minimum sentence of 21 months in prison, but may also sentence the person up to the statutory maximum of fifteen (15) years in prison.
Defenses to Introduction of Contraband into a Correctional Facility
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Introduction of Contraband into a Correctional Facility are:
Unknowing Introduction
To introduce contraband into a jail or prison, a person must know that they have contraband on their person. As such, it is a defense to Introduction of Contraband if a person was unaware that the contraband was on his person. [3]
A typical example would be when a person has been arrested and during the booking process a small bag of cocaine is found in their pocket. If the person was unaware the bag was there, they could argue unknowing introduction of the contraband.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested for the crime of Introduction of Contraband into a Correctional Facility in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.