13-2505. Promoting prison contraband; exceptions; x-radiation; body scans; classification
A. A person, not otherwise authorized by law, commits promoting prison contraband:
1. By knowingly taking contraband into a correctional facility or the grounds of a correctional facility; or
2. By knowingly conveying contraband to any person confined in a correctional facility; or
3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.
B. A person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report the violation or attempted violation to the official in charge of the facility or to a peace officer.
C. Notwithstanding any law to the contrary, any person who is convicted of a violation of this section is prohibited from being employed by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.
D. This section does not apply to any of the following:
1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.
2. Contraband located at the place where a person is on home arrest.
3. Contraband authorized by the correctional facility policies and used at the direction or with the permission of prison officials.
E. The state department of corrections, a county jail or a city or town correctional facility may request a licensed practitioner as defined in section 32-2801 to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband.
F. The state department of corrections, a county jail or a city or town correctional facility, in compliance with generally accepted health and safety standards, may perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.
G. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.
Notes of Decisions
Cited in
21
cases (
3 in the last 5 years), 1982–2025 · leading case:
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
· cites it 26× “” A.R.S. § 13-2505 (A)(3). ¶ 12 To resolve that question, we look instead to A.”
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
· cites it 12× “¶ 5 Romero argues the trial court erred because “the phrase ‘promoting prison contraband’ is merely the title of the statute and descriptor of the crime [and] ‘headings to sections .”
State v. Carlos, 17 P.3d 118 (Ariz. Ct. App. 2001).
· cites it 4× “¶ 7 A person commits dangerous or deadly assault by a prisoner if, while incarcerated, he or she commits an assault while using or exhibiting a deadly weapon or dangerous instrument or intentionally or knowingly inflicts serious bodily injury on another. A.R.S. § 13-1206. A…”
State v. Sisneros, 670 P.2d 721 (Ariz. 1983).
· cites it 11× “§ 13-1203; counts III and IV, promoting prison contraband, A.R.S. § 13-2505; and count V, possession of a deadly weapon, A.”
In re 1996 Nissan Sentra, 32 P.3d 39 (Ariz. Ct. App. 2001).
· cites it 3× “A.R.S. § 13-2505(A). Promoting prison contraband is a class two felony when the contraband involved is marijuana, § 13-2505(C), and as such, would be punishable by imprisonment for more than one year.”
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
· cites it 4× “A.R.S. § 13-2505(A)(3). The pertinent text of this statute provides: A.”
State v. Alvarado, 200 P.3d 1037 (Ariz. Ct. App. 2008).
· cites it 4× “) § 13-2505 (2001). The trial court granted defendant’s post-verdict motion for a judgment of acquittal on the charge of promoting prison contraband, reasoning that defendant did not “voluntarily” take marijuana into the jail following his arrest because it was concealed on his…”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
· cites it 7× “” However, § 13-2505 does not simply proscribe the personal possession or use of drugs; it proscribes “promoting prison contraband.”
State v. Hines, 307 P.3d 1034 (Ariz. Ct. App. 2013).
· cites it 6× “Promoting prison contraband is a class 2 felony if the contraband is a dangerous instrument, deadly weapon, explosive, dangerous drug, narcotic drug, or marijuana.”
State v. Bloomer, 751 P.2d 592 (Ariz. Ct. App. 1987).
· cites it 2× “His other argument, which follows from his initial contention, is that the inclusion of the term “gunpowder” in the *279 indictment bound the state to prove that appellant knew the contraband which he possessed was in fact gunpowder.”
State of Arizona v. Darrel Scott Francis, 410 P.3d 416 (Ariz. 2018).
· cites it 13× “JUSTICE BOLICK, opinion of the Court: ¶1 We consider in this case whether the state must prove that a defendant knew an item he possessed was "contraband" to convict the defendant under A.R.S. § 13-2505(A) of knowingly possessing contraband while being confined in a correctional…”
— Ariz. Rev. Stat. § 13-2505(1) — 1 case
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
“” However, § 13-2505 does not simply proscribe the personal possession or use of drugs; it proscribes “promoting prison contraband.”
— Ariz. Rev. Stat. § 13-2505(A) — 3 cases
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
“” A.R.S. § 13-2505 (A)(3). ¶ 12 To resolve that question, we look instead to A.”
In re 1996 Nissan Sentra, 32 P.3d 39 (Ariz. Ct. App. 2001).
“A.R.S. § 13-2505(A). Promoting prison contraband is a class two felony when the contraband involved is marijuana, § 13-2505(C), and as such, would be punishable by imprisonment for more than one year.”
State of Arizona v. Darrel Scott Francis, 410 P.3d 416 (Ariz. 2018).
“JUSTICE BOLICK, opinion of the Court: ¶1 We consider in this case whether the state must prove that a defendant knew an item he possessed was "contraband" to convict the defendant under A.R.S. § 13-2505(A) of knowingly possessing contraband while being confined in a correctional…”
— Ariz. Rev. Stat. § 13-2505(A)(1) — 3 cases
State v. Alvarado, 200 P.3d 1037 (Ariz. Ct. App. 2008).
“) § 13-2505 (2001). The trial court granted defendant’s post-verdict motion for a judgment of acquittal on the charge of promoting prison contraband, reasoning that defendant did not “voluntarily” take marijuana into the jail following his arrest because it was concealed on his…”
State of Arizona v. Darrel Scott Francis, 410 P.3d 416 (Ariz. 2018).
“JUSTICE BOLICK, opinion of the Court: ¶1 We consider in this case whether the state must prove that a defendant knew an item he possessed was "contraband" to convict the defendant under A.R.S. § 13-2505(A) of knowingly possessing contraband while being confined in a correctional…”
— Ariz. Rev. Stat. § 13-2505(A)(3) — 10 cases
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
“” A.R.S. § 13-2505 (A)(3). ¶ 12 To resolve that question, we look instead to A.”
State v. Carlos, 17 P.3d 118 (Ariz. Ct. App. 2001).
“¶ 7 A person commits dangerous or deadly assault by a prisoner if, while incarcerated, he or she commits an assault while using or exhibiting a deadly weapon or dangerous instrument or intentionally or knowingly inflicts serious bodily injury on another. A.R.S. § 13-1206. A…”
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
“¶ 5 Romero argues the trial court erred because “the phrase ‘promoting prison contraband’ is merely the title of the statute and descriptor of the crime [and] ‘headings to sections .”
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
“A.R.S. § 13-2505(A)(3). The pertinent text of this statute provides: A.”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
“” However, § 13-2505 does not simply proscribe the personal possession or use of drugs; it proscribes “promoting prison contraband.”
— Ariz. Rev. Stat. § 13-2505(C) — 5 cases
In re 1996 Nissan Sentra, 32 P.3d 39 (Ariz. Ct. App. 2001).
“A.R.S. § 13-2505(A). Promoting prison contraband is a class two felony when the contraband involved is marijuana, § 13-2505(C), and as such, would be punishable by imprisonment for more than one year.”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
“” However, § 13-2505 does not simply proscribe the personal possession or use of drugs; it proscribes “promoting prison contraband.”
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
“¶ 5 Romero argues the trial court erred because “the phrase ‘promoting prison contraband’ is merely the title of the statute and descriptor of the crime [and] ‘headings to sections .”
— Ariz. Rev. Stat. § 13-2505(D)(1) — 1 case
— Ariz. Rev. Stat. § 13-2505(F) — 1 case
State v. Hines, 307 P.3d 1034 (Ariz. Ct. App. 2013).
“Promoting prison contraband is a class 2 felony if the contraband is a dangerous instrument, deadly weapon, explosive, dangerous drug, narcotic drug, or marijuana.”
— Ariz. Rev. Stat. § 13-2505(G) — 1 case
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