CO Code § 18-8-204.1 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 2 - Escape and Offenses Relating to Custody|§ 18-8-204.1. Possession of Contraband in the First Degree - Repeal

  [ ] A person being confined in a detention facility commits the crime of possession of contraband in the first degree if he knowingly obtains or has in his possession contraband as listed in section 18-8-203 (1)(a) or alcohol; except that this subsection (1) shall not apply to contraband specified in section 18-18-405.      Possession of contraband in the first degree, other than a dangerous instrument, is a class 6 felony.    This subsection (2) is repealed, effective March 1, 2022.       Possession of contraband in the first degree involving a dangerous instrument is a class 4 felony.    Editor's note: This version of subsection (1) is effective until March 1, 2022.  (1) [ ] A person being confined in a detention facility commits the crime of possession of contraband in the first degree if the person knowingly obtains or has in the person's possession contraband as listed in section 18-8-203 (1)(a) .  Editor's note: This version of subsection (1) is effective March 1, 2022.   History. Source: L. 76 Ex. Sess.: Entire section added, p. 13, § 3, effective September 18. L. 77: (2) and (3) amended, p. 878, § 47, effective July 1, 1979. L. 82: Entire section amended, p. 319, § 4, effective March 11. L. 88: (1) amended, p. 714, § 22, effective July 1. L. 89: (2) amended, p. 839, § 79, effective July 1. L. 92: (1) amended, p. 392, § 22, effective July 1. L. 2021: (1) amended,(SB 21-271), ch. 462, p. 3197, § 286, effective March 1, 2022; (2)(b) added by revision,(SB 21-271), ch. 462, pp. 3197, 3331, §§ 286, 803.    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).   Purpose of this statute is to control contraband in penal institutions. People v. West, 43 Colo. App. 246, 603 P.2d 967 (1979).   The purpose of this section is to control contraband in penal institutions. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992); People v. Wyles, 873 P.2d 34 (Colo. App. 1994).   Any amount of contraband sufficient to ingest will support a conviction for possession of contraband under this section. People v. Greenwell, 830 P.2d 1116 (Colo. App. 1992).   Physical possession of contraband is not required in every instance in order to sustain a conviction under this section. Prosecution's burden is also sustained by proof that inmate exercised knowing dominion or control over the object. People v. Wyles, 873 P.2d 34 (Colo. App. 1994).   Marihuana is within the scope of this section as a class of prohibited contraband since it is specifically included in § 18-8-203 and excluded from § 18-18-405 . People v. Higgins, 874 P.2d 479 (Colo. App. 1994).   Defendant need not have been lawfully confined. It is immaterial to the realization of the legislative purpose whether persons convicted under this section are or are not lawfully confined within a detention facility. The critical fact to be established is that the accused person was confined as a prisoner in a detention facility. People v. West, 43 Colo. App. 246, 603 P.2d 967 (1979); People v. Higgins, 874 P.2d 479 (Colo. App. 1994).   Fact that defendant had not yet been convicted of a crime and was not convicted of the crimes of which he was accused and which led to his incarceration, did not relieve defendant of prosecution under this statute. People v. Higgins, 874 P.2d 479 (Colo. App. 1994).   Defective bullet which will not explode does not constitute “ammunition”. People v. Hrapski, 658 P.2d 1367 (Colo. 1983).   First degree possession of contraband under subsection (1) of this section is a lesser included offense of first degree introducing contraband by making under § 18-8-203 (1)(b) . People v. Jamison, 2018 COA 121 , 436 P.3d 569.   Second degree possession of contraband is a lesser included offense of first degree possession of contraband. People v. Oliver, 2020 COA 97 , 474 P.3d 207.   Because the court limited the definition of contraband in its jury instruction to the statutory definition of a dangerous weapon, the court did not err in failing to provide a special interrogatory for the jury to find that the contraband was a dangerous weapon. Although it is the better practice to use the special interrogatory from the model jury instructions, in order to convict the defendant, the jury instructions required the jury to find beyond a reasonable doubt that the contraband was a dangerous weapon. People v. Tibbels, 2019 COA 175 , __ P.3d __.   Applied in People v. Smith, 984 P.2d 50 (Colo. 1999); People v. Villapando, 984 P.2d 51 (Colo. 1999).