(a)Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this section or by an officer of the institution empowered by the person in charge of the institution to give the authorization, any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state are located under the custody of prison officials, officers or employees, or into any county, city and county, or city jail, road camp, farm or other place where prisoners or inmates are located under custody of any sheriff, chief of police,
peace officer, probation officer or employees, or within the grounds belonging to the institution, any controlled substance, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming a controlled substance, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(b)The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county.
Notes of Decisions
Cited in
87
cases (
29 in the last 5 years), 1957–2026 · leading case:
People v. Perry, 244 Cal. Rptr. 3d 281 (Cal. Ct. App. 5th 2019).
People v. Perry, 244 Cal. Rptr. 3d 281 (Cal. Ct. App. 5th 2019).
· cites it 3× “) A charge of bringing drugs into a prison ( Pen. Code, § 4573 ) and an alleged prior conviction for first degree robbery ( Pen.”
People v. Raybon, 492 P.3d 937 (Cal. 2021).
· cites it 3× “) Penal Code section 4573 et seq. “place restrictions on possessing and importing drugs and other contraband in custody.”
People v. Raybon, 248 Cal. Rptr. 3d 611 (Cal. Ct. App. 5th 2019).
· cites it 2× “3d 927 ; Pen. Code, §§ 4573, 4573.5, 4573.6, 4573.”
People v. Nelms, 165 Cal. App. 4th 1465 (Cal. Ct. App. 2008).
· cites it 2× “(a)) and smuggling a controlled substance into a prison or jail (Pen. Code, § 4573; further undesignated section references are to the Penal Code).”
In re Webb, 440 P.3d 1129 (Cal. 2019).
“FACTUAL AND PROCEDURAL HISTORY As the Court of Appeal summarized, defendant "was arrested and eventually charged in a felony complaint with knowingly bringing controlled substances into a state prison ( Pen. Code, § 4573 ) [ 1 ] and unauthorized possession of a controlled…”
People v. Berg, 233 Cal. Rptr. 3d 629 (Cal. Ct. App. 5th 2018).
“VOLUNTARY INTOXICATION AND GENERAL INTENT CRIMES Defendant concedes that " Penal Code sections 4573 and 4573.6 are general intent offenses.”
People v. Brandão, 210 Cal. App. 4th 568 (Cal. Ct. App. 2012).
“That discovery also led to a charge of bringing methamphetamine into the jail (Pen. Code, § 4573). DISCUSSION On appeal, defendant claims that the trial court infringed on his First Amendment rights and erred under state law in ordering him not to knowingly associate with gang…”
United States v. Gerard Smith, 831 F.3d 1207 (9th Cir. 2016).
“The instruction told the jury that certain sections of the California penal code “require the possession or introduction of contraband to be unauthorized in order for crimes to occur,” and that “[i]f Anthony Brown possessed any contraband including a cellular phone at the…”
People v. Boulter, 199 Cal. App. 4th 761 (Cal. Ct. App. 2011).
“Code, § 11378), and three counts of bringing drugs into a jail (Pen. Code, § 4573). Defendant pleaded not guilty, and filed a motion to suppress evidence pursuant to Penal Code section 1538.”
People v. Gastello, 2007 Cal. Daily Op. Serv. 3911 (Cal. Ct. App. 2007).
· cites it 2× “(a)); (2) bringing a controlled substance into a jail (Pen.Code, § 4573); and (3) being under the influence of a controlled substance (Health & Saf.”
People v. Barton, 244 Cal. Rptr. 3d 489 (Cal. Ct. App. 5th 2019).
“(a)(1), 4573; count II), furnishing methamphetamine in violation of section 11379 (count III), maintaining a place for the sale of methamphetamine in violation of section 11366 (count IV), bringing a controlled substance and associated paraphernalia into a prison facility ( Pen.…”
People v. Moore, 129 Cal. Rptr. 2d 84 (Cal. Ct. App. 2003).
“Defendant Claudell Moore pled guilty to bringing a controlled substance into prison (Pen.Code, § 4573; further undesignated statutory references are to the Penal Code; case No.”
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