§ 1256 — Promoting prison contraband; class F felony; class A misdemeanor

(a) A person is guilty of promoting prison contraband when:

(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or

(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or

(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.

(b) Promoting prison contraband is a class A misdemeanor. However, promoting prison contraband is a class F felony if any of the following applies:

(1) The prison contraband is a deadly weapon, cellular telephone, or any prohibited electronic device not specifically authorized or approved by the Commissioner or designee, any illegal narcotic or look-a-like substance, or any prescription medication, or any item or article that could be used to facilitate an escape.

(2) An unmanned aircraft system is used to deliver or attempt to deliver any of the following into a detention facility

a. Contraband, as defined by § 1258 of this title.

b. Any of the contraband listed in paragraph (b)(1) of this section.

Legislative History

11 Del. C. 1953, § 1256; 58 Del. Laws, c. 497, § 1 ; 67 Del. Laws, c. 130, § 8 ; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 367, § 1 ; 81 Del. Laws, c. 168, § 1 ; 82 Del. Laws, c. 190, § 1