11 Del. C. § 1256

Promoting prison contraband; class F felony; class A misdemeanor

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(a) A person is guilty of promoting prison contraband when:

(1) The person knowingly and unlawfully introduces any contraband into a detention facility; or

(2) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or

(3) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.

(b) Promoting prison contraband is a class A misdemeanor. However, promoting prison contraband is a class F felony if any of the following applies:

(1) The prison contraband is a deadly weapon, cellular telephone, or any prohibited electronic device not specifically authorized or approved by the Commissioner or designee, any illegal narcotic or look-a-like substance, or any prescription medication, or any item or article that could be used to facilitate an escape.

(2) An unmanned aircraft system is used to deliver or attempt to deliver any of the following into a detention facility

a. Contraband, as defined by § 1258 of this title.

b. Any of the contraband listed in paragraph (b)(1) of this section.

11 Del. C. 1953, § 1256; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 367, § 1; 81 Del. Laws, c. 168, § 1; 82 Del. Laws, c. 190, § 1;

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1982–2023 · leading case: Bridgeville Rifle & Pistol Club, Ltd. v. Small

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Bridgeville Rifle & Pistol Club, Ltd. v. Small (2017) del · cites it 2× “132 11 Del. C. § 1256; see id. § 1258(1) (defining “[c]ontraband”).”

Harrison v. Baylor (1982) ded · cites it 2× “Barlow testified that he approached Harrison because she was bringing food into the prison which was technical contraband, and therefore, in violation of prison rules and 11 Del.C. § 1256. Barlow further testified *1039 that when he contacted petitioner and suggested smuggling…”

Blunt v. State (2015) del · cites it 3× “4 11 Del. C. § 1256. evidence to support a ﬁnding that he attempted to cause “serious physical injury” when he attacked Ofﬁcer Lance Green.”

State of Delaware v. Mark Henderson (2016) delsuperct “§ 4754(1) (the “Dealing Charge”), Promoting Prison Contraband in violation of 11 Del. C. §1256 (the “Contraband Charge”) and Conspiracy Second Degree in violation of 11 Del.”

State v. Craig (2023) delsuperct “26 See 11 Del.C. § 1256 Promoting prison contraband; class F felony; 11 Del.”

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