Introduction of Contraband into a Detention Facility
Florida Statute Section 951.22 prohibits knowingly introducing contraband into a county detention facility or jail.
The crime of introducing contraband into a detention facility or jail is classified as a third degree felony which is punishable by up to 5 years in prison and a $5,000 fine.
Related offenses include:
- Introducing Contraband in a Juvenile Detention Facility or Commitment Program as prohibited by § 985.711, Fla. Stat.;
- Possession of Contraband in or upon the Grounds of a State Correctional Institution as prohibited by § 944.47(1)(c), Fla. Stat.; and
- Introducing contraband into or removing contraband from a State Correctional Institution as prohibited by § 944.47(1)(a), Fla. Stat.
Charges often involve someone being arrested and taken to jail with contraband in their pockets. Visitors and detention deputies can be charged with this crime.
For example, the Public Affairs Office of the Hillsborough County Sheriff’s Office issued a press release on January 6, 2023, regarding a detention deputy accused of delivering drug-laced edibles to inmates for profit.
According to the press release, a search of the deputy’s lunch box revealed one pound of marijuana-laced brownies. The HCSO deputy was arrested for the crime of Introduction of Contraband into a Detention Facility and Possession of a Controlled Substance.
Attorney for Contraband Crimes in Florida
If you were accused of introducing contraband or drugs into a jail in violation of Section 951.22, then contact an experienced criminal defense attorney at Sammis Law Firm.
Our main office is located in downtown Tampa. We have additional offices conveniently located in New Port Richey in Pasco County, FL, and Clearwater in Pinellas County, FL.
We represent clients on a wide variety of drug crimes including the introduction of drugs into a jail or juvenile detention facility.
During a free consultation, the experienced attorneys at Sammis Law Firm can explain the criminal charge, ways to avoid the typical penalties, and the best defenses that might apply to the case.
Call 813-250-0500.
Definition of “Contraband” under F.S.S. 951.22
The statute defines the term “contraband” broadly to include most items not introduced through the regular channels as duly authorized by the sheriff or officer in charge. For example, the statute defines contraband to include:
- any vapor-generating electronic device as defined in s. 386.203, intentionally and unlawfully introduced inside the secure perimeter of any county detention facility;
- any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, marijuana as defined in s. 381.986, hemp as defined in s. 581.217, industrial hemp as defined in s. 1004.4473, or controlled substances as defined in s. 893.02(4);
- any intoxicating beverage or beverage that causes or may cause an intoxicating effect;
- any tobacco products as defined in s. 210.25(12) including any cigarette as defined in s. 210.01(1) or any cigar;
- any instrumentality of any nature which may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility;
- any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon;
- any cellular telephone or other portable communication device as described in s. 944.47(1)(a)6., intentionally and unlawfully introduced inside the secure perimeter of any county detention facility except for devices that has communication capabilities which have been approved or issued by the sheriff or officer in charge for investigative or institutional security purposes or for conducting other official business;
- any article of food or clothing;
- any currency or coin; and
- any written or recorded communication except for exchanges between a lawyer, paralegal, or other legal staff and an inmate at a detention facility if the document or correspondence is otherwise lawfully possessed and disseminated and relates to the legal representation of the inmate.
Elements of the Introducing Contraband Statute in Florida
The standard jury instructions for introducing contraband into a county detention facility list the following elements which must be proven beyond all reasonable doubt at trial:
- the defendant had knowledge of the presence of an item; and
- the defendant either:
- introduced the item into a county detention facility;
- possessed the item upon the grounds of a county detention facility;
- gave the item to an inmate of a county detention facility;
- received the item from an inmate of a county detention facility;
- took the item from a county detention facility; or
- attempted to take or send the item from a county detention facility.
- the item was one of the following:
- a written communication to give to or receive from an inmate;
- a recorded communication to give to or receive from an inmate;
- currency or coin to give to or receive from an inmate;
- an article of [food] [clothing] to give to or receive from an inmate;
- a tobacco product;
- a cigarette;
- a cigar;
- a beverage that causes or may cause an intoxicating effect;
- a narcotic, hypnotic, or excitative drug or drug of any kind or nature;
- a controlled substance;
- a firearm;
- any instrumentality customarily used or which is intended to be used as a dangerous weapon;
- any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility;
- any [cellular telephone] [or] [portable communication device] intentionally and unlawfully introduced inside the secure perimeter of a county detention facility;
- any vapor-generating electronic device intentionally and unlawfully introduced inside the secure perimeter of a county detention facility.
The jury is instructed that the term “introduce” means “to put inside or into.”
If the evidence involves an inmate who is not in the facility, the jury might be instructed as follows:
“[i]t is unlawful to [give] [receive] a contraband item [to] [from] an inmate of a county detention facility even if the inmate was outside the facility at the time the contraband item was [given] [received].”
For purposes of the statute, the term “county detention facility” is defined to include:
- a county jail
- a county stockade
- a county work camp
- a county residential probation center
- any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor.
The term “county residential probation center” is defined to include a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences.
The term “municipal detention facility” is defined to include a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of a violation of municipal laws or ordinances.
Affirmative Defense of Lack of Knowledge of Illicit Nature
The most common defenses in these cases center around an affirmative defense claiming a lack of knowledge of the illicit nature of the item.
Under § 893.101(2) and (3), Fla. Stat., the jury might be given the following instruction:
Lack of knowledge of the illicit nature of a controlled substance is a defense to possession of a controlled substance.
Accordingly, the defendant is not guilty of possessing a controlled substance if [he] [she] did not know of the illicit nature of the substance.
You may but are not required to infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] possessed the controlled substance.
If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find [him] [her] guilty.
If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty of possession of a controlled substance.
Affirmative Defense of Permission
Another common defense in these cases centers around permission. This defense requires that the defendant has satisfied his or her burden of production by showing some evidence that supports the defense.
In those cases, the jury might be instructed as follows:
It is a defense to the crime of Contraband in a County Detention Facility if the defendant used regular channels and was authorized by the sheriff or officer in charge of the detention facility to [introduce] [possess] [give] [receive] [take] [attempt to take or send] the contraband item [into] [from] the facility.
The defendant has raised this defense.
If you have a reasonable doubt as to whether the defendant used regular channels and had authorization from the sheriff or officer in charge of the detention facility, you should find [him] [her] not guilty.
If the State proved beyond a reasonable doubt that the defendant did not use regular channels or did not have authorization from the sheriff or officer in charge of the detention facility, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt.
Appellate courts in Florida have interpreted Section 951.22 to include a required element of knowledge of the offense.
For example, in State v. Oxx, 417 So.2d 287 (Fla. 5th DCA 1982), the Fifth District Court of Appeal reasoned that the State must still prove general intent, that is, that the defendant intended to do the act prohibited.
The court further found that since Florida’s criminal statute regarding the “Introduction of Contraband into a Detention Facility,” there is no clear legislative intent to dispense with a means rea, then “knowledge” of the contraband is an element of the offense.
This article was last updated on Friday, January 6, 2023.
