(1) A person being confined in a detention facility commits the crime of possession of contraband in the second degree if he knowingly obtains or has in his possession contraband as defined in section 18-8- 204 (2) unless possession is authorized by rule or regulation promulgated by the administrative head of the detention facility.
(2) (a) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) is a class 6 felony.
(b) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) is a class 2 misdemeanor. Source: L. 82: Entire section added, p. 319, § 5, effective March 11. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3198, § 287, effective March 1, 2022.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1993–2026 · leading case:
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
· cites it 4× “2017, and one on possessing contraband in the second 2 degree, § 18-8-204.2(1), C.R.S. 2017. In the trial court, Jamison initially argued that the second degree offenses were lesser included offenses of the charged crimes.”
People v. Holmes, 959 P.2d 406 (Colo. 1998).
· cites it 2× “The inmate handbook deals with inmate possession of contraband, a class 1 misdemeanor, see § 18-8-204.2(2), 6 C.R.S. (1997), as opposed to the introduction of contraband into a facility, a class 6 felony, see § 18-8-204(3), 6 C.”
People v. Andrews, 871 P.2d 1199 (Colo. 1994).
· cites it 2× “[6] § 18-8-204.2, 8B C.R.S. (1986). [7] § 18-8-204.”
People v. Young, 859 P.2d 814 (Colo. 1993).
“The conduct that resulted in Young’s adjudication as a juvenile delinquent consisted of acts which, if committed by an adult, would constitute offenses of second degree burglary of a dwelling, § 18-4-203, 8B C.”
Peo v. Marceleno (Colo. Ct. App. 2026).
· cites it 4× “§ 18-8-204.2, C.R.S. 2025. Marceleno waived his right to a jury trial and proceeded to a bench trial.”
Peo v. Ocampo (Colo. Ct. App. 2026).
· cites it 2× “§ 18-8-204.2, C.R.S. 2025. At trial, defense counsel argued that Ocampo did not knowingly possess an illegal substance.”
— Colo. Rev. Stat. § 18-8-204.2(1) — 2 cases
v. Jamison, 2018 COA 121 (Colo. Ct. App. 2018).
“2017, and one on possessing contraband in the second 2 degree, § 18-8-204.2(1), C.R.S. 2017. In the trial court, Jamison initially argued that the second degree offenses were lesser included offenses of the charged crimes.”
Peo v. Marceleno (Colo. Ct. App. 2026).
“§ 18-8-204.2, C.R.S. 2025. Marceleno waived his right to a jury trial and proceeded to a bench trial.”
— Colo. Rev. Stat. § 18-8-204.2(2) — 1 case
People v. Holmes, 959 P.2d 406 (Colo. 1998).
“The inmate handbook deals with inmate possession of contraband, a class 1 misdemeanor, see § 18-8-204.2(2), 6 C.R.S. (1997), as opposed to the introduction of contraband into a facility, a class 6 felony, see § 18-8-204(3), 6 C.”
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