(1) A person is guilty of promoting contraband in the first degree when:
(a) He or she knowingly introduces dangerous contraband into a detention facility
or a penitentiary; or
(b) Being a person confined in a detention facility or a penitentiary, he or she
knowingly makes, obtains, or possesses dangerous contraband.
(2) Promoting contraband in the first degree is a Class D felony, unless the dangerous
contraband is fentanyl, carfentanil, or a fentanyl derivative, in which case it is a
Class C felony.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 15, effective July 15, 2024. -- Amended
1990 Ky. Acts ch. 497, sec. 24, effective July 13, 1990. -- Created 1974 Ky. Acts ch.
406, sec. 173, effective January 1, 1975.
Notes of Decisions
Cited in
23
cases (
9 in the last 5 years), 1982–2026 · leading case:
Stewart v. Commonwealth, 306 S.W.3d 502 (Ky. 2010).
Stewart v. Commonwealth, 306 S.W.3d 502 (Ky. 2010).
· cites it 4× “2007) (proof that defendant "knowingly possessed" contraband at time he was taken to jail considered circumstantial evidence that he "knowingly introduced" the contraband for purposes of KRS 520.050). Nonetheless, the Commonwealth argues that no double jeopardy violation…”
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003).
· cites it 2× “010(3); KRS 520.050. The record is silent as to the facts of the contraband conviction and Appellant does not assert that the basis for the conviction was other than drug-related.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
· cites it 5× “The promoting contraband charge was originally pursuant to KRS 520.050(l)(a), but was later amended to reference KRS 520.”
Taylor v. Commonwealth, 313 S.W.3d 563 (Ky. 2010).
· cites it 4× “KRS 520.050 (promoting contraband in the first degree) creates a Class D felony when a person “knowingly introduces dangerous contraband into a detention facility or a penitentiary_” 2 Taylor was arrested for public intoxication.”
Hampton v. Commonwealth, 231 S.W.3d 740 (Ky. 2007).
“” KRS 520.050. Appellant argues that there was no evidence that he knowingly possessed the second pipe when he went to the jail.”
Cooper v. Commonwealth, 648 S.W.2d 530 (Ky. Ct. App. 1982).
· cites it 6× “060, while it is given no such freedom as to what constitutes “dangerous contraband” for the purposes of KRS 520.050. Therefore, we must look to the statutory definition itself to determine what is “dangerous contraband,” with the commentary to the statute as an aid in…”
Commonwealth v. Simmons, 753 S.W.2d 872 (Ky. Ct. App. 1988).
· cites it 4× “) KRS 520.050, Commentary (1974). We therefore cannot agree that the circuit court’s interpretation is violative of that legislative policy.”
Commonwealth v. Mobley, 160 S.W.3d 783 (Ky. 2005).
“1415), promoting contraband in the first degree (KRS 520.050), and possession of drug paraphernalia (KRS 218A.”
Koonce v. Commonwealth, 769 S.W.2d 73 (Ky. Ct. App. 1989).
· cites it 3× “09 to Promoting Contraband in the First Degree, KRS 520.050. In exchange for his plea, the concomitant charge for Persistent Felony Offender in the First degree, KRS 532.”
Commonwealth v. O'Hara, 793 S.W.2d 840 (Ky. Ct. App. 1990).
· cites it 10× “KRS 520.050. Upon review of the record, we reverse.”
Tyler v. Commonwealth, 805 S.W.2d 126 (Ky. 1991).
“As stated in the Official Commentary to the first-degree promoting contraband statute, KRS 520.050: “[Tjhis provision is satisfied if the actor knows that the article in question endangers the safety or security of the detention facility or persons within it.”
Fulton v. Commonwealth, 849 S.W.2d 553 (Ky. Ct. App. 1992).
· cites it 2× “The “essential facts” necessary to constitute the offense of promoting contraband in the first degree are found in KRS 520.050, which reads as follows: (1) A person is guilty of promoting contraband in' the first degree when: (a) He knowingly introduces dangerous contraband into…”
— Ky. Rev. Stat. § 520.050(1) — 1 case
Commonwealth v. O'Hara, 793 S.W.2d 840 (Ky. Ct. App. 1990).
“KRS 520.050. Upon review of the record, we reverse.”
— Ky. Rev. Stat. § 520.050(1)(a) — 1 case
— Ky. Rev. Stat. § 520.050(1)(b) — 2 cases
— Ky. Rev. Stat. § 520.050(l)(a) — 3 cases
Stewart v. Commonwealth, 306 S.W.3d 502 (Ky. 2010).
“2007) (proof that defendant "knowingly possessed" contraband at time he was taken to jail considered circumstantial evidence that he "knowingly introduced" the contraband for purposes of KRS 520.050). Nonetheless, the Commonwealth argues that no double jeopardy violation…”
Taylor v. Commonwealth, 313 S.W.3d 563 (Ky. 2010).
“KRS 520.050 (promoting contraband in the first degree) creates a Class D felony when a person “knowingly introduces dangerous contraband into a detention facility or a penitentiary_” 2 Taylor was arrested for public intoxication.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
“The promoting contraband charge was originally pursuant to KRS 520.050(l)(a), but was later amended to reference KRS 520.”
— Ky. Rev. Stat. § 520.050(l)(b) — 4 cases
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
“The promoting contraband charge was originally pursuant to KRS 520.050(l)(a), but was later amended to reference KRS 520.”
Commonwealth v. Simmons, 753 S.W.2d 872 (Ky. Ct. App. 1988).
“) KRS 520.050, Commentary (1974). We therefore cannot agree that the circuit court’s interpretation is violative of that legislative policy.”
Cooper v. Commonwealth, 648 S.W.2d 530 (Ky. Ct. App. 1982).
“060, while it is given no such freedom as to what constitutes “dangerous contraband” for the purposes of KRS 520.050. Therefore, we must look to the statutory definition itself to determine what is “dangerous contraband,” with the commentary to the statute as an aid in…”
Koonce v. Commonwealth, 769 S.W.2d 73 (Ky. Ct. App. 1989).
“09 to Promoting Contraband in the First Degree, KRS 520.050. In exchange for his plea, the concomitant charge for Persistent Felony Offender in the First degree, KRS 532.”
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