710-1022 Promoting prison contraband in the first degree. (1) A person commits the offense of promoting prison contraband in the first degree if:

(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or

(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.

(2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.

(3) Promoting prison contraband in the first degree is a class B felony. [L 1972, c 9, pt of 1; am L 1976, c 99, 1; am L 1986, c 339, 79; gen ch 1993]

 

Case Notes

 

As suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, section did not violate defendant's equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under 710-1023. 92 H. 217 (App.), 990 P.2d 115 (1999).

Section 710-1023(1)(b) (1993) is a lesser included offense of subsection (1)(b). 92 H. 217 (App.), 990 P.2d 115 (1999).

 

 

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