§710-1022  Promoting prison contraband in
the first degree.  (1)  A person commits the offense of promoting prison
contraband in the first degree if:



(a) The person intentionally conveys a dangerous
instrument or drug to any person confined in a correctional or detention
facility; or



(b) Being a person confined in a correctional or
detention facility, the person intentionally makes, obtains, or possesses a
dangerous instrument or drug.



(2)  A "dangerous instrument" shall
have the same meaning as defined in section 707-700; a dangerous instrument may
only be possessed by or conveyed to a confined person with the facility
administrator's express prior approval.  A "drug" shall include
dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds,
marijuana, and marijuana concentrates as listed in section 712-1240; a drug may
only be possessed by or conveyed to a confined person with the facility
administrator's express prior approval and under medical supervision.



(3)  Promoting prison contraband in the first
degree is a class B felony. [L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L
1986, c 339, §79; gen ch 1993]



 



Case Notes



 



  As suspect classification or fundamental right was not
involved, and based upon dissimilar statutory treatment generally accorded to
possession of marijuana as opposed to alcohol, where there was a rational basis
for dissimilar punishment, section did not violate defendant's equal protection
right because it imposed a more severe penalty for marijuana possession than for
alcohol possession under §710-1023.  92 H. 217 (App.), 990 P.2d 115.



  Section 710-1023(1)(b) (1993) is a lesser included offense of
subsection (2)(b).  92 H. 217 (App.), 990 P.2d 115.