CO Code § 18-8-203 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 2 - Escape and Offenses Relating to Custody|§ 18-8-203. Introducing Contraband in the First Degree

  [ ] A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:   Introduces or attempts to introduce a dangerous instrument; malt, vinous, or spirituous liquor, as defined in section 44-3-103; fermented malt beverage, as defined in section 44-4-103; controlled substance, as defined in section 18-18-102 (5); or marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or    Being a person confined in a detention facility, makes any dangerous instrument, controlled substance, marijuana or marijuana concentrate, or alcohol.       Introducing contraband in the first degree is a class 4 felony.    “Detention facility” means any building, structure, enclosure, vehicle, institution, work site, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado.    “Dangerous instrument” as used in this section and in section 18-8-204.1, means a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized.    Editor's note: This version of subsection (1) is effective until March 1, 2022.  (1) [ ] A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:  Editor's note: This version of subsection (1) is effective March 1, 2022.  (a) Introduces or attempts to introduce a dangerous instrument into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or   (b) Being a person confined in a detention facility, makes any dangerous instrument.   History. Source: L. 71: R&RE, p. 458, § 1. C.R.S. 1963: § 40-8-203 . L. 72: P. 275, § 5. L. 76, Ex. Sess.: (1)(a), (1)(b), and (2) amended and (4) added, p. 12, § 1, effective September 18. L. 77: (2) amended, p. 878, § 45, effective July 1, 1979. L. 81: (1)(a) and (1)(b) amended, p. 738, § 23, effective July 1. L. 82: (1)(a) and (1)(b) amended, p. 319, § 3, effective March 11. L. 2002: IP(1), (1)(a), and (3) amended, p. 810, § 1, effective July 1. L. 2010: (1) amended,(HB 10-1352), ch. 259, p. 1173, § 17, effective August 11. L. 2012: (1)(a) amended,(HB 12-1311), ch. 281, p. 1619, § 46, effective July 1. L. 2018: (1)(a) amended,(HB 18-1025), ch. 152, p. 1078, § 8, effective October 1. L. 2021: (1) amended,(SB 21-271), ch. 462, p. 3196, § 284, effective March 1, 2022.    Editor's note:    The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199Colo. 452, 611 P.2d 574 (1980).    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     ANNOTATION   Law reviews. For article, “Review of New Legislation Relating to Criminal Law”, see 11 Colo. Law. 2148 (1982).   Defendant's conviction on two counts of introducing contraband violated double jeopardy principles. Defendant's entry into jail with three different controlled substances occurred at the same time and place, without the influence of any intervening events. This section does not create a unit of prosecution smaller than an item or items in any one of the categories in subsection (1). The language does not support creating multiple counts based on introducing more than one item within any one of those categories. People v. Frye, 2014 COA 141 , 356 P.3d 1000.   Possession of cannabis not lesser included offense. Because proof of possession is not an essential element to the crime of introducing contraband, the crime of possession of cannabis cannot be a lesser included offense thereof. People v. Etchells, 646 P.2d 950 (Colo. App. 1982).   First degree possession of contraband under § 18-8-204.1 (1) is a lesser included offense of first degree introducing contraband by making under subsection (1)(b) of this section. People v. Jamison, 2018 COA 121 , 436 P.3d 569.   Defective bullet which will not explode does not constitute “ammunition”. People v. Hrapski, 658 P.2d 1367 (Colo. 1983).   Evidence sufficient to sustain conviction. Where the mixture of orange peels, orange, and bread floating in a mixture of milk and water which defendant concocted was capable of producing alcohol, and the surrounding circumstance did not reveal any legitimate purpose for such concoction, defendant's actions were sufficient to support a conviction for attempting to introduce contraband in the first degree despite flaws in the sampling and testing procedures of the mixture. People v. Chavez, 743 P.2d 53 (Colo. App. 1987).   Any amount of marihuana sufficient to ingest will support a conviction for possession of contraband in a detention facility, where statute fails to specify an amount. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).   Trial court's admission of expert testimony that defendant had been previously addicted to illegal drugs was harmless error in light of court of appeals holding that the lack of an amount of marijuana sufficient to produce a psychoactive effect is not a defense to a charge of possession of contraband in the first degree. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).   Return by jury of verdict of guilty on charge brought pursuant to this section was not inconsistent with acquittal on remaining three charges under this section where the incidents occurred on different dates and different locations from the charge for which the defendant was convicted. People v. Quinn, 794 P.2d 1066 (Colo. App. 1990).   Statements made by defendant during booking process regarding possession of marijuana violated fifth amendment privilege and therefore were inadmissible. Because defendant made statements to booking officers denying possessing contraband without the benefit of Miranda warnings, the trial court erred in admitting those statements. The statements did not fall under the booking question exception because the questions were unrelated to basic identifying data, nor did the statements fall under the public safety exception because the officer's questions exceeded the scope by asking about items beyond weapons or dangerous instruments. People v. Allen, 199 P.3d 33 (Colo. App. 2007).   Defendant need only know that he or she is introducing, or attempting to introduce, contraband into detention facility, not that the action is unlawful, to fulfill requirements of section. People v. Iversen, 2013 COA 40 , 321 P.3d 573.   Because defendant need only have knowledge that he or she is introducing, or attempting to introduce, contraband into a detention facility, there was no error in excluding evidence concerning defendant's receipt of a medical marijuana certificate. That defendant did not know that it was unlawful for him to knowingly introduce marijuana into the detention facility was not a fact of consequence. People v. Iversen, 2013 COA 40 , 321 P.3d 573.   To be convicted of introduction of contraband in the first degree, a defendant whose entry into a detention facility is involuntary must either deny possession when asked or conceal or attempt to conceal the presence of contraband on his or her person. Accordingly, there was no evidence of a voluntary act to support defendant's conviction because she did not voluntarily enter the jail, deny her possession of marijuana, or attempt to conceal the contraband. People v. McClintic, 2020 COA 120 M, __ P.3d __.   Applied in People v. Scott, 41 Colo. App. 66, 583 P.2d 939 (1978); People v. West, 42 Colo. App. 217, 603 P.2d 967 (1979); People v. Lepik, 629 P.2d 1080 (Colo. 1981); People v. Allen, 636 P.2d 1329 (Colo. App. 1981); Allen v. People, 660 P.2d 896 (Colo. 1983).