1/7/2024 0 Comments Prison contrabandMethamphetamine, its salts, isomers, salts of its isomers.Specifically, this high maximum applies to: Any combination of parts either designed or intended or use in converting any device into any destructive device.Ī 20 year maximum term of incarceration applies to items listed in (d)(1)(C).Any type of weapon (other than a shotgun or a shotgun shell that is generally recognized suitable for sporting purposes) which may be readily converted to expel a projectile by the action or explosion of other propellant, and which has any barrel with bore of more than 1/2 inch in diameter AND.Missile having an explosive incendiary charge of more than one-quarter ounce,.Bomb, grenade, rocket having a propellant charge of more than 4 ounces,.Any explosive, incendiary or poison gas,.Destructive device includes any of the following: Similar to the “firearms” and “ammunition” definitions, the definition of “destructive device” also comes from 18 U.S.C. Antique firearms are those that were manufactured prior to 1898. Importantly, antique firearms are not considered firearms. Any firearm muffler or firearm silencer OR.The frame or receiver of any such weapon.Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.The definition of “firearm” for the purposes of smuggling or possessing contraband in federal prison includes: A controlled substance in schedule I or II, (with the exception of marijuana and those controlled substances referred to in subparagraph (d)(1)(C).Items punishable by a 10 year maximum period of incarceration include: 10 Year MaximumĪ 10 year maximum term of imprisonment applies to items specified in subsection (d)(1)(A). The term “ammunition” is defined as ammunition, or cartridge case, primers, bullets, or propellent powder designed for use in any firearm. 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.Marijuana or a controlled substance in schedule III, other than a controlled substance referred to in (d)(1)(C),.Importantly, the following are not considered to be controlled substances:Ī five year maximum term of incarceration applies to prison contraband listed in subsection (d)(1)(B). The term “controlled substance means” a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of Section 802 of the Controlled Substances Act. The definition of the term “controlled substance” for the smuggling or possessing contraband in federal prison charge comes from the Controlled Substances Act, specifically 21 U.S.C. What is considered a controlled substance? A phone or other device used by a user of commercial mobile service in connection with such service.Any United States or foreign currency AND.A controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection),.The maximum term of imprisonment for items specified in subsections (d)(1)(D), (d)(1)(E), and (d)(1)(F) is 1 year. This section applies to items not specifically listed in sections (d)(1)(A) through (d)(1)(F). These items are defined as any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual. The maximum term of imprisonment for items specified in subsection (d)(1)(G) is 6 months. These sentencing maximums are explained below: 6 Month Maximum Providing or Possessing Contraband in Federal Prison has different penalties depending on the nature of the contraband introduced (or attempted to be introduced) into federal prison or possessed in a federal prison by an inmate. Sentencing and Penalties for Providing or Possessing Contraband in Federal Prison Thus, this charge punishes those who introduce or attempt to introduce contraband into prison as well as the inmates who possess it. Being an inmate of a prison, making possessing, obtaining or attempting to make or obtain a prohibited object.Providing or attempting to provide an inmate with a prohibited object in violation of a statute or a rule or order issued under a statute.Section 1791 of Title 18 contains two different charges relating to Providing or Possessing Contraband in Prison. Code § 1791 Providing or Possessing Contraband in Prison Importantly, providing or possessing contraband in federal prison can be prosecuted under both federal or New York State criminal law. this charge is called Providing or Possessing Contraband and it is codified under 18 U.S.C. Under New York State law, this charge is called Promoting Prison Contraband is codified under New York Penal Sections Law 205.20 and 205.25. Providing or Possessing Contraband in Prison is a crime under both New York State and federal law.
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