Code of Alabama

Ala. Code § 13A-10-38 (2026)

Promoting Prison Contraband in the Third Degree.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(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.

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

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: United States v. Lowery, 599 F. Supp. 2d 1299 (M.D. Ala. 2009).
United States v. Lowery, 599 F. Supp. 2d 1299 (M.D. Ala. 2009). · cites it 2× “Compared, for example, to prior crimes of violence, mere escape as used in § 13A-10-33 (that is, when “the escapee (a) employed no physical force, (b) had not been convicted of a felony, and (c) escaped from a detention other than a penal facility,” *1306 Commentary, 1975…”
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