(1) A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:
(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.
(2) Introducing contraband in the first degree is a class 4 felony.
(3) "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.
(4) "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.
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, 199 Colo. 452, 611 P.2d 574 (1980).
Notes of Decisions
Cited in
41
cases (
2 in the last 5 years), 1975–2025 · leading case:
v. Tibbels, 2019 COA 175 (Colo. Ct. App. 2019).
v. Tibbels, 2019 COA 175 (Colo. Ct. App. 2019).
· cites it 7× “¶ 45 Section 18-8-203(1)(a), C.R.S. 2019, defines “contraband” as a dangerous instrument; malt, vinous, or spiritous liquor, .”
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
· cites it 20× “Under the statute defining introducing contraband in the second degree, contraband “does not include any article or thing referred to in section 18-8-203,” the first degree offense.”
People v. Hrapski, 658 P.2d 1367 (Colo. 1983).
· cites it 13× “The test of greatest significance was that the technician twice tried and failed to fire the bullet from a gun.”
People v. Diaz, 2015 CO 28 (Colo. 2015).
· cites it 5× “2 A majority of a division of the court of appeals held that the trial court erred by ruling that section 18-8-203(1)(f), CRS. (2014), required that the sentence for the first assault be served consecutively to the sentence for the second assault.”
People v. Montoya, 104 P.3d 303 (Colo. Ct. App. 2004).
· cites it 2× “Under § 18-8-203(1)(c), a person commits second degree assault if, "[with intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person.”
People v. Villapando, 984 P.2d 51 (Colo. 1999).
· cites it 5× “1 provides that "[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." Thus, the elements of the crime of…”
People v. Paynter, 955 P.2d 68 (Colo. 1998).
· cites it 4× “Paynter was charged with introducing contraband in the first degree in violation of section 18-8-203(1)(a), 6 C.R.S. (1997). Paynter pleaded not guilty before the Jefferson County District Court (trial court) and filed a motion to suppress the marijuana found in the cigarette…”
People v. Leonard, 755 P.2d 447 (Colo. 1988).
· cites it 16× “(1) 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. (2) Possession of contraband in the first degree,…”
People v. Lepik, 629 P.2d 1080 (Colo. 1981).
· cites it 11× “Defendant, Kenneth Lepik, was charged with the offenses of Introducing Contraband in the First Degree, section 18-8-203, C.R.S. 1973 (1978 Repl.”
People v. Armstrong, 720 P.2d 165 (Colo. 1986).
· cites it 8× “ies physical force against the person of a peace officer or fireman engaged in the performance of his duties or while lawfully confined or in custody as a result of being charged with or convicted of a crime, he violently applies physical force against a person engaged in the…”
Morgan v. People, 624 P.2d 1331 (Colo. 1981).
· cites it 3× “Defendant Roy Alan Morgan was convicted by a jury of a violation of section 18-8-203, C.R.S.1973, introducing contraband in the first-degree.”
Close v. People, 180 P.3d 1015 (Colo. 2008).
· cites it 4× “[wlith intent to cause bodily injury to another person, he causes or attempts to cause such injury to any person by means of a deadly weapon.”
— Colo. Rev. Stat. § 18-8-203(1) — 2 cases
— Colo. Rev. Stat. § 18-8-203(1)(a) — 9 cases
v. Tibbels, 2019 COA 175 (Colo. Ct. App. 2019).
“¶ 45 Section 18-8-203(1)(a), C.R.S. 2019, defines “contraband” as a dangerous instrument; malt, vinous, or spiritous liquor, .”
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
“Under the statute defining introducing contraband in the second degree, contraband “does not include any article or thing referred to in section 18-8-203,” the first degree offense.”
People v. Villapando, 984 P.2d 51 (Colo. 1999).
“1 provides that "[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." Thus, the elements of the crime of…”
People v. Paynter, 955 P.2d 68 (Colo. 1998).
“Paynter was charged with introducing contraband in the first degree in violation of section 18-8-203(1)(a), 6 C.R.S. (1997). Paynter pleaded not guilty before the Jefferson County District Court (trial court) and filed a motion to suppress the marijuana found in the cigarette…”
— Colo. Rev. Stat. § 18-8-203(1)(b) — 6 cases
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
“Under the statute defining introducing contraband in the second degree, contraband “does not include any article or thing referred to in section 18-8-203,” the first degree offense.”
Close v. People, 180 P.3d 1015 (Colo. 2008).
“[wlith intent to cause bodily injury to another person, he causes or attempts to cause such injury to any person by means of a deadly weapon.”
— Colo. Rev. Stat. § 18-8-203(1)(c) — 3 cases
People v. Montoya, 104 P.3d 303 (Colo. Ct. App. 2004).
“Under § 18-8-203(1)(c), a person commits second degree assault if, "[with intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person.”
— Colo. Rev. Stat. § 18-8-203(1)(f) — 2 cases
People v. Diaz, 2015 CO 28 (Colo. 2015).
“2 A majority of a division of the court of appeals held that the trial court erred by ruling that section 18-8-203(1)(f), CRS. (2014), required that the sentence for the first assault be served consecutively to the sentence for the second assault.”
— Colo. Rev. Stat. § 18-8-203(2) — 1 case
— Colo. Rev. Stat. § 18-8-203(3) — 7 cases
People v. Armstrong, 720 P.2d 165 (Colo. 1986).
“ies physical force against the person of a peace officer or fireman engaged in the performance of his duties or while lawfully confined or in custody as a result of being charged with or convicted of a crime, he violently applies physical force against a person engaged in the…”
People v. Leonard, 755 P.2d 447 (Colo. 1988).
“(1) 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. (2) Possession of contraband in the first degree,…”
— Colo. Rev. Stat. § 18-8-203(4) — 4 cases
People v. Hrapski, 658 P.2d 1367 (Colo. 1983).
“The test of greatest significance was that the technician twice tried and failed to fire the bullet from a gun.”
v. Tibbels, 2019 COA 175 (Colo. Ct. App. 2019).
“¶ 45 Section 18-8-203(1)(a), C.R.S. 2019, defines “contraband” as a dangerous instrument; malt, vinous, or spiritous liquor, .”
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
“Under the statute defining introducing contraband in the second degree, contraband “does not include any article or thing referred to in section 18-8-203,” the first degree offense.”
— Colo. Rev. Stat. § 18-8-203(l) — 1 case
— Colo. Rev. Stat. § 18-8-203(l)(a) — 9 cases
People v. Hrapski, 658 P.2d 1367 (Colo. 1983).
“The test of greatest significance was that the technician twice tried and failed to fire the bullet from a gun.”
People v. Paynter, 955 P.2d 68 (Colo. 1998).
“Paynter was charged with introducing contraband in the first degree in violation of section 18-8-203(1)(a), 6 C.R.S. (1997). Paynter pleaded not guilty before the Jefferson County District Court (trial court) and filed a motion to suppress the marijuana found in the cigarette…”
People v. Lepik, 629 P.2d 1080 (Colo. 1981).
“Defendant, Kenneth Lepik, was charged with the offenses of Introducing Contraband in the First Degree, section 18-8-203, C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-8-203(l)(b) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.