§ 5-54-119 — Furnishing, possessing, or using prohibited articles - Delivering a prohibited article

(a) A person commits the offense of furnishing a prohibited article if he or she knowingly: (1) Introduces a prohibited article into a correctional facility, the Arkansas State Hospital, or a youth services program; or (2) Provides a person confined in a correctional facility, the Arkansas State Hospital, or a youth services program with a prohibited article. (b) (1) (A) Furnishing or providing a weapon, intoxicating beverage, controlled substance, moneys, a cellular telephone or other communication device, the components of a cellular telephone or other communication device, or any other items that would facilitate an escape, engaging in a continuing criminal enterprise, § 5-64-405 , or violence within a facility is a Class B felony. (B) Otherwise, furnishing a prohibited article is a Class C felony. (2) This section does not apply to a religious official who supplies sacramental wine labeled as sacramental wine to an inmate in the Division of Correction for the sole purpose of an approved religious service, pursuant to rules promulgated by the Board of Corrections. (c) (1) A person commits possessing a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly possesses a: (A) Cellular telephone or other communication device; (B) Component of a cellular telephone or other communication device; or (C) Controlled substance. (2) Possessing a prohibited article is a Class B felony. (d) (1) A person commits using a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly uses a cellular telephone or other communication device to commit or to attempt, conspire, or solicit to commit: (A) An escape from the custody of the correctional facility; (B) Engaging in a continuing criminal enterprise, § 5-64-405 ; or (C) A violent felony as defined at § 5-4-501(d)(2) . (2) Using a prohibited article is a Class A felony. (e) (1) A person commits the offense of delivering a prohibited article if, being an inmate of a correctional facility or in the custody of a correctional facility, the person knowingly delivers a controlled substance to another person. (2) (A) Delivering a prohibited article is a Class A felony if the controlled substance through its use causes the death of or serious bodily injury to another person. (B) Otherwise, delivering a prohibited article is a Class B felony. (f) A person may not be convicted of furnishing, possessing, or delivering a prohibited article if the prohibited article is a controlled substance and the person has been charged with, tried for, or convicted of a possession or delivery offense under § 5-64-401 et seq., that arises out of the same set of facts. (g) A person convicted of furnishing a prohibited article, possessing a prohibited article, using a prohibited article, or delivering a prohibited article and who, at the time of the offense, was an employee of, volunteer for, or contractor with a correctional facility shall have his or her sentence enhanced as follows: (1) (A) The term of imprisonment is enhanced by up to ten (10) additional years. (B) The enhanced term of imprisonment under subdivision (g)(1)(A) of this section is consecutive to any other sentence imposed. (C) A person subject to an enhanced term of imprisonment under subdivision (g)(1)(A) of this section is not eligible for parole, post-release supervision, or community correction transfer for the enhanced term of imprisonment under subdivision (g)(1)(A) of this section; and (2) The fine is enhanced by up to ten thousand dollars ($10,000).

Legislative History

Amended by Act 2023, No. 659,§ 40, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 151, eff. 7/24/2019. Amended by Act 2019, No. 672,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 129,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1985, No. 686, § 1; A.S.A. 1947, § 41-2819; Acts 1988 (4th Ex. Sess.), No. 8, § 2; 1988 (4th Ex. Sess.), No. 23, § 2; 2005, No. 168, § 1; 2005, No. 1994, § 258; 2009, No. 479, § 1.