18 U.S.C. § 1791 — Providing or possessing contraband in prison
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 568 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Whoever—
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
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.
The punishment for an offense under this section is a fine under this title or—
imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;
imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;
imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;
imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and
imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section.
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.
As used in this section—
the term “prohibited object” means—
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;
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;
a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine;
a controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection) or an alcoholic beverage;
any United States or foreign currency;
a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with such service; and
any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual;
the terms “ammunition”, “firearm”, and “destructive device” have, respectively, the meanings given those terms in section 921 of this title;
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
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 credit: (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98–473, title II, § 1109(a), Oct. 12, 1984, 98 Stat. 2147; Pub. L. 99–646, § 52(a), Nov. 10, 1986, 100 Stat. 3606; Pub. L. 100–690, title VI, § 6468(a), (b), Nov. 18, 1988, 102 Stat. 4376; Pub. L. 103–322, title IX, § 90101, title XXXIII, § 330003(a), Sept. 13, 1994,108 Stat. 1986, 2140; Pub. L. 104–294, title VI, § 601(m), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 109–162, title XI, § 1178, Jan. 5, 2006, 119 Stat. 3126; Pub. L. 111–225, § 2, Aug. 10, 2010, 124 Stat. 2387.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 786
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2147
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3606
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4376
- 1994Amended · Pub. L. 103-322 · 108 Stat. 1986, 2140
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3502
- 2006Amended · Pub. L. 109-162 · 119 Stat. 3126
- 2010Amended · Pub. L. 111-225 · 124 Stat. 2387
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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