Bringing or Possessing Contraband in a Jail or Prison – Oklahoma Law

Non-inmate Bringing in or Possessing Contraband

possession contraband jail prison charges defense lawyer oklahomaIt’s illegal for any person to bring into or possess, without authority, any of the following in a jail or prison:

  • gun,
  • knife,
  • bomb or other dangerous instrument,
  • controlled dangerous substance,
  • intoxicating beverage or low-point beer,
  • money, or
  • financial documents for a person other than the inmate or a spouse of the inmate, including but not limited to tax returns.

This crime is a felony. The range of punishment in the Department of Corrections is one-five years. The range of fine is $100-$1,000.

Inmate in Possession of Contraband

It’s a felony for an inmate to possess any of the following in jail or prison:

  • gun,
  • knife,
  • bomb or other dangerous instrument,
  • controlled dangerous substance,
  • intoxicating beverage or low-point beer,
  • money, or
  • financial documents for a person other than the inmate or a spouse of the inmate, including but not limited to tax returns.

The range of punishment in the Department of Corrections is 5-20 years.

Repeat Offender

The punishment increases if the person found to be in possession of any of the above prohibited items has committed, prior to the commission of an offense in violation of this law, two or more felony offenses, and the possession of contraband in violation of this law is within ten years of the completion of the execution of the sentence for any prior offense. This crime is a felony. The minimum punishment in the Department of Corrections is 20 years. Felony offenses relied upon may not have arisen out of the same transaction or occurrence or series of events closely related in time and location.

Bringing Tobacco Into a Jail or Prison

It’s a crime to brings into or possess, without authority, in any jail or state penal institution or other place where prisoners are located:

  • cigarettes,
  • cigars,
  • snuff,
  • chewing tobacco or
  • any other form of tobacco product

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Bringing Cell Phone Into Penal Institution

It’s illegal to knowingly, willfully, and without authority brins into or possess in any secure area of a jail, prison, or other secure place where prisoners are located any cellular phone or electronic device capable of sending or receiving any electronic communication shall.

This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $2,500

“Electronic communication” means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photo-electronic, or photo-optical system. It includes, but is not limited to, the transfer of that communication through the internet.

Source: 57 O.S. § 21

Current as of May 10, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with possession of contraband in an Oklahoma penal institution? Call Oklahoma criminal defense attorney Frank Urbanic in OKC for a free consultation.

Don’t panic! Call Urbanic.® 405-633-3420