All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
12 Prosecutions
in August 2014
218 Prosecutions
in Fiscal Year 2014
13 Convictions
in August 2014
196 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 1791                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 87 - PRISONS

HEAD

    Sec. 1791. Providing or possessing contraband in prison

STATUTE

      (a) Offense. - Whoever -
        (1) in violation of a statute or a rule or order issued under a
      statute, provides to an inmate of a prison a prohibited object,
      or attempts to do so; or
        (2) being an inmate of a prison, makes, possesses, or obtains,
      or attempts to make or obtain, a prohibited object;
    shall be punished as provided in subsection (b) of this section.
      (b) Punishment. - The punishment for an offense under this
    section is a fine under this title or -
        (1) imprisonment for not more than 20 years, or both, if the
      object is specified in subsection (d)(1)(C) of this section;
        (2) imprisonment for not more than 10 years, or both, if the
      object is specified in subsection (d)(1)(A) of this section;
        (3) imprisonment for not more than 5 years, or both, if the
      object is specified in subsection (d)(1)(B) of this section;
        (4) imprisonment for not more than one year, or both, if the
      object is specified in subsection (d)(1)(D) or (d)(1)(E) of this
      section; and
        (5) imprisonment for not more than 6 months, or both, if the
      object is specified in subsection (d)(1)(F) of this section.
      (c) Consecutive Punishment Required in Certain Cases. - Any
    punishment imposed under subsection (b) for a violation of this
    section involving a controlled substance shall be consecutive to
    any other sentence imposed by any court for an offense involving
    such a controlled substance. Any punishment imposed under
    subsection (b) for a violation of this section by an inmate of a
    prison shall be consecutive to the sentence being served by such
    inmate at the time the inmate commits such violation.
      (d) Definitions. - As used in this section -
        (1) the term "prohibited object" means -
          (A) a firearm or destructive device or a controlled substance
        in schedule I or II, other than marijuana or a controlled
        substance referred to in subparagraph (C) of this subsection;
          (B) marijuana or a controlled substance in schedule III,
        other than a controlled substance referred to in subparagraph
        (C) of this subsection, ammunition, a weapon (other than a
        firearm or destructive device), or an object that is designed
        or intended to be used as a weapon or to facilitate escape from
        a prison;
          (C) a narcotic drug, methamphetamine, its salts, isomers, and
        salts of its isomers, lysergic acid diethylamide, or
        phencyclidine;
          (D) a controlled substance (other than a controlled substance
        referred to in subparagraph (A), (B), or (C) of this
        subsection) or an alcoholic beverage;
          (E) any United States or foreign currency; and
          (F) any other object that threatens the order, discipline, or
        security of a prison, or the life, health, or safety of an
        individual;
        (2) the terms "ammunition", "firearm", and "destructive device"
      have, respectively, the meanings given those terms in section 921
      of this title;
        (3) the terms "controlled substance" and "narcotic drug" have,
      respectively, the meanings given those terms in section 102 of
      the Controlled Substances Act (21 U.S.C. 802); and
        (4) the term "prison" means a Federal correctional, detention,
      or penal facility or any prison, institution, or facility in
      which persons are held in custody by direction of or pursuant to
      a contract or agreement with the Attorney General.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98-473, title II,
    Sec. 1109(a), Oct. 12, 1984, 98 Stat. 2147; Pub. L. 99-646, Sec.
    52(a), Nov. 10, 1986, 100 Stat. 3606; Pub. L. 100-690, title VI,
    Sec. 6468(a), (b), Nov. 18, 1988, 102 Stat. 4376; Pub. L. 103-322,
    title IX, Sec. 90101, title XXXIII, Sec. 330003(a), Sept. 13,
    1994,108 Stat. 1986, 2140; Pub. L. 104-294, title VI, Sec. 601(m),
    Oct. 11, 1996, 110 Stat. 3502; Pub. L. 109-162, title XI, Sec.
    1178, Jan. 5, 2006, 119 Stat. 3126.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 753j, 908 (May 14,
    1930, ch. 274, Sec. 11, 46 Stat. 327; May 27, 1930, ch. 339, Sec.
    8, 46 Stat. 390).
      Section consolidates sections 753j and 908 of title 18, U.S.C.,
    1940 ed. The section was broadened to include the taking or sending
    out of contraband from the institution. This was suggested by
    representatives of the Federal Bureau of Prisons and the Criminal
    Division of the Department of Justice. In other respects the
    section was rewritten without change of substance.
      The words "narcotic", "drug", "weapon" and "contraband" were
    omitted, since the insertion of the words "contrary to any rule or
    regulation promulgated by the attorney general" preserves the
    intent of the original statutes.
      Words "guilty of a felony" were deleted as unnecessary in view of
    definitive section 1 of this title. (See also reviser's note under
    section 550 of this title.)
      Minor verbal changes also were made.

REFERENCES IN TEXT

      Schedules I, II, and III, referred to in subsec. (d)(1)(A), (B),
    probably mean schedules I to III of the schedules of controlled
    substances, which are set out in section 812(c) of Title 21, Food
    and Drugs.

AMENDMENTS

      2006 - Subsec. (d)(4). Pub. L. 109-162 inserted "or any prison,
    institution, or facility in which persons are held in custody by
    direction of or pursuant to a contract or agreement with the
    Attorney General" after "penal facility".
      1996 - Subsec. (c). Pub. L. 104-294 inserted heading.
      1994 - Subsec. (b)(2) to (5). Pub. L. 103-322, Secs. 90101(6),
    330003(a), amended subsec. (b) identically, substituting "(d)" for
    "(c)" wherever appearing in pars. (2) to (5).
      Subsec. (c). Pub. L. 103-322, Sec. 90101(1), inserted at
    beginning "Any punishment imposed under subsection (b) for a
    violation of this section involving a controlled substance shall be
    consecutive to any other sentence imposed by any court for an
    offense involving such a controlled substance."
      Subsec. (d)(1)(A). Pub. L. 103-322, Sec. 90101(2), inserted
    before semicolon at end "or a controlled substance in schedule I or
    II, other than marijuana or a controlled substance referred to in
    subparagraph (C) of this subsection".
      Subsec. (d)(1)(B). Pub. L. 103-322, Sec. 90101(3), inserted
    "marijuana or a controlled substance in schedule III, other than a
    controlled substance referred to in subparagraph (C) of this
    subsection," before "ammunition,".
      Subsec. (d)(1)(C). Pub. L. 103-322, Sec. 90101(4), inserted
    "methamphetamine, its salts, isomers, and salts of its isomers,"
    after "narcotic drug,".
      Subsec. (d)(1)(D). Pub. L. 103-322, Sec. 90101(5), inserted "(A),
    (B), or" before "(C)".
      1988 - Subsec. (b). Pub. L. 100-690, Sec. 6468(a), added par.
    (1), redesignated former pars. (1) to (4) as (2) to (5),
    respectively, and struck out "or (c)(1)(C)" after "subsection
    (c)(1)(B)" in par. (3) as redesignated.
      Subsecs. (c), (d). Pub. L. 100-690, Sec. 6468(b), added subsec.
    (c) and redesignated former subsec. (c) as (d).
      1986 - Pub. L. 99-646 amended section generally. Prior to
    amendment, section read as follows:
      "(a) Offense. - A person commits an offense if, in violation of a
    statute, or a regulation, rule, or order issued pursuant thereto -
        "(1) he provides, or attempts to provide, to an inmate of a
      Federal penal or correctional facility -
          "(A) a firearm or destructive device;
          "(B) any other weapon or object that may be used as a weapon
        or as a means of facilitating escape;
          "(C) a narcotic drug as defined in section 102 of the
        Controlled Substances Act (21 U.S.C. 802);
          "(D) a controlled substance, other than a narcotic drug, as
        defined in section 102 of the Controlled Substances Act (21
        U.S.C. 802), or an alcoholic beverage;
          "(E) United States currency; or
          "(F) any other object; or
        "(2) being an inmate of a Federal penal or correctional
      facility, he makes, possesses, procures, or otherwise provides
      himself with, or attempts to make, possess, procure, or otherwise
      provide himself with, anything described in paragraph (1).
      "(b) Grading. - An offense described in this section is
    punishable by -
        "(1) imprisonment for not more than ten years, a fine of not
      more than $25,000, or both, if the object is anything set forth
      in paragraph (1)(A);
        "(2) imprisonment for not more than five years, a fine of not
      more than $10,000, or both, if the object is anything set forth
      in paragraph (1)(B) or (1)(C);
        "(3) imprisonment for not more than one year, a fine of not
      more than $5,000, or both, if the object is anything set forth in
      paragraph (1)(D) or (1)(E); and
        "(4) imprisonment for not more than six months, a fine of not
      more than $1,000, or both, if the object is any other object.
      "(c) Definitions. - As used in this section, 'firearm' and
    'destructive device' have the meaning given those terms,
    respectively, in 18 U.S.C. 921(a)(3) and (4)."
      1984 - Pub. L. 98-473 substituted provisions relating to
    providing or possessing contraband in prison, grading of offenses
    and definitions of "firearm" and "destructive device" for former
    provisions relating to traffic in contraband articles.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Section 52(b) of Pub. L. 99-646 provided that: "The amendment
    made by this section [amending this section] shall take effect 30
    days after the date of the enactment of this Act [Nov. 10, 1986]."
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