Offenses Against the State and Public Justice

ORS 162.185
Supplying contraband


(1)

A person commits the crime of supplying contraband if:

(a)

The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or

(b)

Being confined in a correctional facility, youth correction facility or state hospital, the person knowingly makes, obtains or possesses any contraband.

(2)

Supplying contraband is a Class C felony. [1971 c.743 §194; 1983 c.815 §9; 1997 c.249 §48]

Notes of Decisions

Evidence, inter alia, that two grams of marijuana were prized possession likely to be subject of contention between jail inmates was insufficient to establish that marijuana was "contraband" within meaning of this section. State v. Franklin, 283 Or 439, 583 P2d 557 (1978)

Information alleging that jail inmate possessed marijuana was sufficient to charge violation of this section. State v. Meyer, 283 Or 449, 583 P2d 553 (1978)

Legislative declaration that contraband "means any article or thing...whose use would endanger the safety and security" of correctional and juvenile facilities and state hospital, as well as persons in those institutions, is constitutionally sufficient directive to state and local agencies given power to issue rules and orders defining contraband. State v. Long, 110 Or App 599, 823 P2d 1031 (1992), aff'd 315 Or 95, 843 P2d 420 (1992)

Where defendant does not control act of introducing contraband into correctional facility, defendant's voluntary acts resulting in unknowing introduction of contraband by another do not create liability. State v. Getzinger, 189 Or App 431, 76 P3d 148 (2003)

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021