Introduction of Contraband Into a Penal Institution
Having a loved one go to jail can be an extremely difficult thing for anyone. Knowing that a friend or family member is incarcerated and being deprived of their freedom, family, and almost everything in life that is fun can cause some individuals to make poor decisions in an effort to make a loved one feel better while in jail or to get out of jail completely. Tennessee recognizes that safety concerns are of the utmost importance in its jails and has enacted a statute to prohibit the smuggling in of various types of items that have no business being there.
Tennessee's statute prohibiting the introduction of contraband into a penal institution reads as follows:
(1) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any weapons, ammunition, explosives, intoxicants, legend drugs, or any controlled substances found in chapter 17, part 4 of this title;
(2) Knowingly possess any of the materials prohibited in subdivision (b)(1) while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution; or
(3) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device.
It is doubtful that anyone needs any explanation of why it is a bad idea to take or smuggle illegal drugs or weapons into a prison, but what is noteworthy about the first two provisions referenced above is that violating either one is a Class C felony in Tennessee, punishable by up to fifteen years in jail. It is also worth noting that judges may have a predisposition to sentence individuals more harshly who have shown excessively poor judgment by doing something like smuggling illegal drugs in to an individual serving time on a drug offense or smuggling a weapon in for a violent offender. Contrast the punishment for the first two types of behavior with that for the third type, which is essentially a prohibition on smuggling mobile phones in for inmates. Since this behavior does not pose the same types of safety concerns as the introduction of drugs and weapons, it is punished as a lower-grade felony, a Class E, punishable by a maximum of six years in prison.
No matter which section of this statute someone violates, they are looking at a potential felony conviction and a substantial amount of prison time. Individuals charged with this offense should consult a local criminal defense attorney serving the Knoxville, Morristown, Bristol, Greeneville, and surrounding areas for assistance in fighting the charges.
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