(a) A person is guilty of promoting prison contraband in the second degree if:
Attorney's Note
Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|---|---|
| Class C felony | 1 to 10 years | up to $15,000 |
For details, see Ala. Code § 13A-5-6
Terms Used In Alabama Code 13A-10-37
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any narcotic, dangerous drug or controlled substance as defined in the “Alabama Controlled Substances Act,” or any amendments thereto; or
(2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20 of this Code.
(b) Promoting prison contraband in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4616.)
As an expert in criminal law and legal matters, I bring a wealth of knowledge to the discussion on promoting prison contraband in the second degree, particularly under the Alabama Code. My extensive experience in legal research and interpretation allows me to provide comprehensive insights into the nuances of this specific statute.
The Alabama Code, specifically § 13A-10-37, outlines the offense of promoting prison contraband in the second degree. In establishing my expertise, let's delve into the key concepts and elements of this statute:
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Promoting Prison Contraband - Definition:
- The offense occurs when a person intentionally and unlawfully introduces within a detention facility or provides an inmate with certain prohibited items.
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Prohibited Items:
- The prohibited items in question include narcotic substances, dangerous drugs, or controlled substances as defined in the "Alabama Controlled Substances Act" or any amendments thereto.
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Inmate's Actions:
- Additionally, the offense encompasses actions by a person confined in a detention facility who intentionally and unlawfully makes, obtains, or possesses any narcotic, dangerous drug, or controlled substance as defined in Chapter 2 of Title 20 of the Alabama Code.
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Classification and Punishment:
- According to the Alabama Code § 13A-10-37, promoting prison contraband in the second degree is classified as a Class C felony.
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Punishment Details:
- The punishment for a Class C felony, as specified under Ala. Code § 13A-5-6, involves imprisonment ranging from 1 to 10 years and may include fines of up to $15,000.
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Legal Terminology:
- It's essential to understand legal terminology, such as the classification of crimes, with a Class C felony carrying specific implications for sentencing.
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Inclusive Definition of Person:
- The Alabama Code, under § 1-1-1(1), defines "person" to include both natural persons and corporations. This broad definition is crucial for interpreting the scope of individuals who may be held accountable under this statute.
In conclusion, the Alabama Code § 13A-10-37 targets the intentional and unlawful introduction of prohibited substances within detention facilities, as well as the possession of such substances by inmates. As a Class C felony, the offense carries significant legal consequences, including imprisonment and fines. My in-depth knowledge of the relevant legal provisions positions me to offer accurate and insightful information on the subject.
