(1) A person commits introducing contraband in the second degree if he or she knowingly and unlawfully:

(a) Introduces or attempts to introduce contraband into a detention facility; or

(b) Being a person confined in a detention facility, makes any contraband, as defined in subsection (2) of this section.

(1.5) A person confined in a detention facility commits introducing contraband in the second degree if he or she knowingly and unlawfully introduces or attempts to introduce contraband into a detention facility or at any location where an inmate is likely to be located, while such inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole.

<Text of the introductory portion of (2) effective until March 1, 2022>

(2) “Contraband” as used in this section means any of the following, but does not include any article or thing referred to in section 18-8-203:

<Text of the introductory portion of (2) effective March 1, 2022>

(2) As used in this section, “contraband” means any of the following, but does not include any article or thing referred to in section 18-8-203:

(a) Any key, key pattern, key replica, or lock pick;

(b) Any tool or instrument that could be used to cut fence or wire, dig, pry, or file;

(c) Any money or coin of United States or foreign currency or any written instrument of value;

(d) Any uncancelled postage stamp or implement of the United States postal service;

(e) Any counterfeit or forged identification card;

(f) Any combustible material other than safety matches;

(g) Any drug, other than a controlled substance as defined in section 18-18-102(5), in quantities other than those authorized by a physician;

(h) Any mask, wig, disguise, or other means of altering normal physical appearance which could hinder ready identification;

(i) Any drug paraphernalia as defined in section 18-18-426;

(j) Any material which is “obscene” as defined in section 18-7-101;

(k) Any chain, rope, or ladder;

(l) Any article or thing that poses or may pose a threat to the security of the detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband;

<Text of (2)(m) effective until March 1, 2022>

(m) For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101(5), C.R.S.; or

<Text of (2)(m) effective March 1, 2022>

(m) For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5);

(n) Any portable electronic communication device, including but not limited to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers; except those devices authorized by the executive director of the department of corrections or his or her designee.

<Text of (2)(o) effective March 1, 2022>

(o) A controlled substance, as defined in section 18-18-102 (5);

<Text of (2)(p) effective March 1, 2022>

(p) Malt liquors, vinous liquors, or spirituous liquors, as those terms are defined in section 44-3-103, or fermented malt beverage, as defined in section 44-4-103; or

<Text of (2)(q) effective March 1, 2022>

(q) Marijuana or marijuana concentrate, as those terms are defined in section 27-80-203 (15) and (16).

<Text of (3) effective until March 1, 2022>

(3) Introducing contraband in the second degree is a class 6 felony.

<Text of (3) effective March 1, 2022>

(3)(a) Introducing contraband in the second degree that involves contraband described in subsection (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this section is a class 6 felony.

(b) Introducing contraband in the second degree that involves contraband described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of this section is a class 2 misdemeanor.