§ 13A-10-38 — Promoting Prison Contraband in the Third Degree

Alabama § 13A-10-38

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 10: Offenses Against Public Administration
• Art. 2: Escape and Other Offenses Relating to Custody

Text

(a) A person is guilty of promoting prison contraband in the third degree if he or she does any of the following:
(1) Intentionally and unlawfully introduces within a detention facility, or provides an inmate or juvenile with, any contraband or item that the actor knows or should know is unlawful to introduce or for the inmate or juvenile to possess.
(2) Being a person confined in a detention facility, intentionally and unlawfully makes, obtains, or possesses any contraband.
(3) Intentionally introduces within a state detention facility operated by the Department of Corrections, or provides an inmate in a state detention facility operated by the Department of Corrections with, any currency or coin that the actor knows or should know is unlawful to introduce or the possession of which is not authorized by an inmate by the written policy of the Department of Corrections.
(4) Being a person in the custody of the Department of Corrections, obtains or possesses any currency or coin, the possession of which is not authorized by the written policy of the Department of Corrections.
(b) Promoting prison contraband in the third degree is a Class B misdemeanor.
(c) Any currency or coin contraband found on or in the possession of any inmate in any state detention facility operated by the Department of Corrections, the possession of which is not authorized by the written policy of the Department of Corrections, shall be confiscated and liquidated after notice and a hearing as provided by departmental policy and the proceeds shall be deposited in the general operating fund of the department.

Legislative History

(Acts 1977, No. 607, p. 812, §4617; Acts 1996, No. 96-753, p. 1325, §§1, 2; Act 2023-336, §1.)