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What are possible penalties in New York for bringing contraband items into a state prison?
My son is incarcerated in a maximum security state prison in New York. His 21st birthday is coming up in a couple weeks. I visit him every week and I know the guards won’t do a pat down search of me. I’m thinking about sneaking some homemade birthday cake and a couple of other treats into the prison when I visit on his birthday, maybe even a gift of a money clip that used to belong to his dad. How much trouble could I really get into for doing this?
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Answers (1)
A lot of trouble. At best, if you are caught you could temporarily or permanently be deprived of the privilege of visiting your son. Your son would certainly be the subject of administrative disciplinary action(s); he could be subjected to additional criminal charges and, if convicted, a longer prison sentence. And, you could be prosecuted for multiple felony counts of “promoting prison contraband,” one for each distinct item of contraband you carry into the prison.
If you are arrested and charged with promoting prison contraband, you will need the services of an experienced criminal defense attorney. The money clip would be of particular concern. New York prison regulations loosely define contraband as “anything which could be used to cause death or serious physical injury.” A metal money clip certainly could be re-shaped into a dangerous weapon. The New York penal law distinguishes between "contraband" and "dangerous contraband."
"Contraband" is broadly defined as "any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order" ( Penal Law § 205.00). "Dangerous contraband" is "contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein." (Penal Law §§ 205.00, 205.25). Whereas possession of ordinary contraband is a misdemeanor, knowingly introducing dangerous contraband into a detention facility is promoting prison contraband in the first degree, a class D felony.
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Posted by Jamilla Moore on 21 Jan 2010
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