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Understanding Dangerous Prison Contraband: Legal Insights and Definitions
Definition & Meaning
Dangerous prison contraband refers to items that are illegal and pose a risk to safety within correctional facilities. These items are prohibited because they can endanger the security of the facility or the people inside it. Under New York law, dangerous contraband includes any property that could be used to harm others or disrupt order, such as weapons or drugs. Recent legislative efforts aim to expand this definition to include telecommunications devices, like cell phones and cameras, which can facilitate illegal activities.
Table of content
Legal Use & context
This term is primarily used in criminal law, particularly concerning offenses related to the introduction or possession of contraband in detention facilities. Legal practitioners may encounter this term in cases involving inmates or individuals accused of smuggling prohibited items into prisons. Users can manage related legal matters using templates from US Legal Forms, which provide guidance on how to navigate these issues.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inmate is found with a cellular phone, which is classified as dangerous contraband because it can be used to communicate outside the facility.
Example 2: A visitor attempts to bring in a camera to record activities inside the prison, which is also considered dangerous contraband under the expanded definition. (hypothetical example)
Relevant laws & statutes
The primary statute addressing dangerous prison contraband in New York is:
NY CLS Penal § 205.25 - Promoting prison contraband in the first degree, which outlines the unlawful introduction or possession of dangerous contraband as a class D felony.
State-by-state differences
State
Definition of Dangerous Contraband
Penalties
New York
Includes telecommunications devices as dangerous contraband.
Class D felony for promoting contraband.
California
Similar definition but may not explicitly include telecommunications devices.
Varies by circumstances; often a misdemeanor.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Contraband
Any item prohibited by law.
Includes a broader range of items, not limited to dangerous items.
Dangerous contraband
Items specifically posing a threat to safety.
Focuses on items that can harm or facilitate illegal activities.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a situation related to dangerous prison contraband, consider the following steps:
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you navigate legal processes related to contraband issues.
If you are facing charges, it is crucial to seek professional legal assistance to ensure your case is handled appropriately.
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