4.426 — INTRODUCTION TO CONTRABAND

Violations of "Statute 4.426" results in a Class A Misdemeanor

(a) Definitions

Introduction to contraband refers to the act of bringing illegal or prohibited items, such as drugs, weapons, or other unauthorized materials, into a secured area, institution, or location where they are restricted or banned. This can involve bringing contraband into correctional facilities, schools, government buildings, or other places with regulated security protocols.

(b) Elements

To establish the offense of introduction to contraband, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly brought or attempted to bring contraband into a restricted area or institution.
The contraband in question was prohibited by law or regulation.
The defendant had knowledge that the area or institution had rules or laws prohibiting the possession or introduction of such contraband.
The defendant had the intent to introduce or attempt to introduce the contraband into the facility or area.

(c) Defenses

Defenses against a charge of introduction to contraband may include:

The defendant did not knowingly possess or attempt to introduce the contraband and was unaware that the item was prohibited.
The contraband was unintentionally brought into the area or institution, for example, if the defendant did not realize the item was restricted.
The defendant did not have the intent to introduce the contraband into the restricted area and was not aware of its illegal nature at the time.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The contraband involved was particularly dangerous, such as firearms, explosives, or high quantities of drugs.
The defendant had prior convictions related to the possession or introduction of contraband into restricted areas.
The contraband was introduced with the intent to harm others or disrupt the security of the institution.
The defendant attempted to introduce contraband into a high-security area, such as a correctional facility or government building, posing a significant threat to public safety.

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(a) Definitions

(b) Elements

To establish the offense of introduction to contraband, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly brought or attempted to bring contraband into a restricted area or institution.

The contraband in question was prohibited by law or regulation.

The defendant had knowledge that the area or institution had rules or laws prohibiting the possession or introduction of such contraband.

The defendant had the intent to introduce or attempt to introduce the contraband into the facility or area.

Defenses against a charge of introduction to contraband may include:

The defendant did not knowingly possess or attempt to introduce the contraband and was unaware that the item was prohibited.

The contraband was unintentionally brought into the area or institution, for example, if the defendant did not realize the item was restricted.

The defendant did not have the intent to introduce the contraband into the restricted area and was not aware of its illegal nature at the time.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The contraband involved was particularly dangerous, such as firearms, explosives, or high quantities of drugs.

The defendant had prior convictions related to the possession or introduction of contraband into restricted areas.

The contraband was introduced with the intent to harm others or disrupt the security of the institution.

The defendant attempted to introduce contraband into a high-security area, such as a correctional facility or government building, posing a significant threat to public safety.