ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/31A-1.1 (2026)

Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution

✓ current as of May 2026
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(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
    Sec. 31A-1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.
    (a) A person commits bringing contraband into a penal institution when he or she knowingly and without authority of any person designated or authorized to grant this authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
    (b) A person commits possessing contraband in a penal institution when he or she knowingly possesses contraband in a penal institution, regardless of the intent with which he or she possesses it.
    (c) (Blank).
    (d) Sentence.
        (1) Bringing into or possessing alcoholic liquor in a
    
penal institution is a Class 4 felony.
        (2) Bringing into or possessing cannabis in a penal
    
institution is a Class 3 felony.
        (3) Bringing into or possessing any amount of a
    
controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 2 felony.
        (4) Bringing into or possessing any amount of a
    
controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 1 felony.
        (5) Bringing into or possessing a hypodermic syringe
    
in a penal institution is a Class 1 felony.
        (6) Bringing into or possessing a weapon, tool to
    
defeat security mechanisms, cutting tool, or electronic contraband in a penal institution is a Class 1 felony.
        (7) Bringing into or possessing a firearm, firearm
    
ammunition, or explosive in a penal institution is a Class X felony.
    (e) It shall be an affirmative defense to subsection (b), that the possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued under it.
    (f) It shall be an affirmative defense to subsection (a)(1) and subsection (b) that the person bringing into or possessing contraband in a penal institution had been arrested, and that person possessed the contraband at the time of his or her arrest, and that the contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his or her arrest.
    (g) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

    
Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 2000–2026 · leading case: People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015).
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People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). · cites it 5× “After a bench trial, defendant was found guilty of that offense, and was sentenced to six years' imprisonment.”
People v. Boston, 2016 IL App (1st) 133497 (Ill. App. Ct. 2016). · cites it 2× “See 720 ILCS 5/31A-1.1 (West 2010). 13 1-13-3497 defendant testified the day before the shank was discovered he had an "altercation" with Munoz where the two "had a few words.”
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). · cites it 4× “OPINION ¶1 Defendant, Harvey Bowen, was charged with possession of contraband in a penal institution (720 ILCS 5/31A-1.1(b) (West 2010)). The indictment specifically alleged that he possessed a “dangerous weapon, to wit, a sharp metal object” while in the Cook County jail on…”
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2018). “See 720 ILCS 5/31A-1.1(b) (West 2010). Defendant contends on appeal that “[u]nlike most offenses in the Criminal Code, a conviction for possession of contraband in a penal institution informs the jury that the accused was incarcerated at the time of his conduct.”
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2020). “See 720 ILCS 5/31A-1.1(b) (West 2010). Defendant contends on appeal that, “[u]nlike most offenses in the Criminal Code, a conviction for possession of contraband in a penal institution informs the jury that the accused was incarcerated at the time of his conduct.”
People v. Boston, 2017 IL App (1st) 140369 (Ill. App. Ct. 2017). “See 720 ILCS 5/31A-1.1(b) (West 2010). Defendant contends on appeal that “[u]nlike most offenses in the Criminal Code, a conviction for possession of contraband in a penal institution informs the jury that the accused was incarcerated at the time of his conduct.”
People v. Turner, 2024 IL App (4th) 230641 (Ill. App. Ct. 2024). “3d 500, 506 (2004) (citing 720 ILCS 5/31A-1.1(c)(2)(v) (West 2000)).”
People v. Knade, 2020 IL App (4th) 180428-U (Ill. App. Ct. 2020). “17-CF-159, defendant was charged with unlawful bringing of contraband into a penal institution (720 ILCS 5/31A-1.1(a) (West 2016)), and unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2016)).”
People v. Anderson, 2023 IL App (3d) 210558-U (Ill. App. Ct. 2023). “BACKGROUND ¶4 On November 19, 2020, defendant entered a fully negotiated guilty plea to the offense of bringing contraband into a penal institution (720 ILCS 5/31A-1.1(a)(1) (West 2020)). The court accepted the plea and imposed the parties’ agreed sentence of 30 months of…”
People v. Carillo (Ill. App. Ct. 2001). · cites it 9× “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
People v. Knade, 2021 IL App (4th) 200651-U (Ill. App. Ct. 2021). · cites it 4× “Defendant appeals, arguing the court lacked subject-matter jurisdiction to convict her of the offense charged because the facts presented by the State did not constitute a criminal offense.”
People v. Ojeda, 2020 IL App (5th) 170423-U (Ill. App. Ct. 2020). · cites it 3× “720 ILCS 5/31A-1.1(a) (West 2016). Subsection (b) is the correct citation for the unlawful possession of contraband.”
Show all 20 citing cases →
720 ILCS 5/31A-1.1(a): 4 cases
People v. Knade, 2020 IL App (4th) 180428-U (Ill. App. Ct. 2020). “17-CF-159, defendant was charged with unlawful bringing of contraband into a penal institution (720 ILCS 5/31A-1.1(a) (West 2016)), and unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2016)).”
People v. Knade, 2021 IL App (4th) 200651-U (Ill. App. Ct. 2021). “Defendant appeals, arguing the court lacked subject-matter jurisdiction to convict her of the offense charged because the facts presented by the State did not constitute a criminal offense.”
People v. Ojeda, 2020 IL App (5th) 170423-U (Ill. App. Ct. 2020). “720 ILCS 5/31A-1.1(a) (West 2016). Subsection (b) is the correct citation for the unlawful possession of contraband.”
People v. Thomas (Ill. App. Ct. 2001).
720 ILCS 5/31A-1.1(a)(1): 3 cases
People v. Anderson, 2023 IL App (3d) 210558-U (Ill. App. Ct. 2023). “BACKGROUND ¶4 On November 19, 2020, defendant entered a fully negotiated guilty plea to the offense of bringing contraband into a penal institution (720 ILCS 5/31A-1.1(a)(1) (West 2020)). The court accepted the plea and imposed the parties’ agreed sentence of 30 months of…”
People v. Henderson, 2022 IL App (3d) 190791-U (Ill. App. Ct. 2022).
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(a)(3): 1 case
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(b): 11 cases
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “After a bench trial, defendant was found guilty of that offense, and was sentenced to six years' imprisonment.”
People v. Boston, 2016 IL App (1st) 133497 (Ill. App. Ct. 2016). “See 720 ILCS 5/31A-1.1 (West 2010). 13 1-13-3497 defendant testified the day before the shank was discovered he had an "altercation" with Munoz where the two "had a few words.”
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “OPINION ¶1 Defendant, Harvey Bowen, was charged with possession of contraband in a penal institution (720 ILCS 5/31A-1.1(b) (West 2010)). The indictment specifically alleged that he possessed a “dangerous weapon, to wit, a sharp metal object” while in the Cook County jail on…”
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2018). “See 720 ILCS 5/31A-1.1(b) (West 2010). Defendant contends on appeal that “[u]nlike most offenses in the Criminal Code, a conviction for possession of contraband in a penal institution informs the jury that the accused was incarcerated at the time of his conduct.”
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2020). “See 720 ILCS 5/31A-1.1(b) (West 2010). Defendant contends on appeal that, “[u]nlike most offenses in the Criminal Code, a conviction for possession of contraband in a penal institution informs the jury that the accused was incarcerated at the time of his conduct.”
720 ILCS 5/31A-1.1(c)(1): 1 case
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(c)(2): 1 case
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(c)(2)(i): 1 case
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(c)(2)(v): 4 cases
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “After a bench trial, defendant was found guilty of that offense, and was sentenced to six years' imprisonment.”
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “OPINION ¶1 Defendant, Harvey Bowen, was charged with possession of contraband in a penal institution (720 ILCS 5/31A-1.1(b) (West 2010)). The indictment specifically alleged that he possessed a “dangerous weapon, to wit, a sharp metal object” while in the Cook County jail on…”
People v. Turner, 2024 IL App (4th) 230641 (Ill. App. Ct. 2024). “3d 500, 506 (2004) (citing 720 ILCS 5/31A-1.1(c)(2)(v) (West 2000)).”
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(c)(2)(xi): 1 case
People v. Carillo (Ill. App. Ct. 2001). “In order to ensure prison safety and security, the law prohibits those visitors from bringing certain things with them when they come into the penal institution (720 ILCS 5/31A-1.1(a)(1) (West 1996)). Even if those things are not brought inside, no one must leave them in a place…”
720 ILCS 5/31A-1.1(e): 1 case
People v. Pittman (Ill. App. Ct. 2000).
720 ILCS 5/31A-1.1(f): 1 case
People v. Knade, 2021 IL App (4th) 200651-U (Ill. App. Ct. 2021). “Defendant appeals, arguing the court lacked subject-matter jurisdiction to convict her of the offense charged because the facts presented by the State did not constitute a criminal offense.”
720 ILCS 5/31A-1.1(g): 1 case
People v. Pittman (Ill. App. Ct. 2000).
720 ILCS 5/31A-1.1(i): 2 cases
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “After a bench trial, defendant was found guilty of that offense, and was sentenced to six years' imprisonment.”
People v. Bowen, 2015 IL App (1st) 132046 (Ill. App. Ct. 2015). “OPINION ¶1 Defendant, Harvey Bowen, was charged with possession of contraband in a penal institution (720 ILCS 5/31A-1.1(b) (West 2010)). The indictment specifically alleged that he possessed a “dangerous weapon, to wit, a sharp metal object” while in the Cook County jail on…”
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