A. Bringing contraband into a prison consists of knowingly and voluntarily carrying, transporting or depositing contraband onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of adult prisoners. Whoever commits bringing contraband into a prison is guilty of a third degree felony.

B. Bringing contraband into a jail consists of knowingly and voluntarily carrying contraband into the confines of a county or municipal jail. Whoever commits bringing contraband into a jail is guilty of a fourth degree felony.

C. As used in this section, "contraband" means:

(1) a deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of duties;

(2) currency brought onto the grounds of the institution for the purpose of transfer to a prisoner, but does not include currency carried into areas designated by the warden as areas for the deposit and receipt of currency for credit to a prisoner's account before contact is made with the prisoner;

(3) an alcoholic beverage;

(4) a controlled substance, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], but does not include a controlled substance carried into a prison through regular prison channels and pursuant to the direction or prescription of a regularly licensed physician; or

(5) an electronic communication or recording device brought onto the grounds of the institution for the purpose of transfer to or use by a prisoner.

D. As used in this section, "electronic communication or recording device" means any type of instrument, device, machine or equipment that is designed to transmit or receive telephonic, electronic, digital, cellular, satellite or radio signals or communications or that is designed to have sound or image recording abilities or any part or component of such instrument, device, machine or equipment. "Electronic communication or recording device" does not include a device that is or will be used by prison or jail personnel in the regular course of business or that is otherwise authorized by the warden.

E. Nothing in this section shall prohibit the use of hearing aids, voice amplifiers or other equipment necessary to aid prisoners who have documented hearing or speech deficiencies or their visitors. Rules for such devices shall be established by the warden or director of each jail, detention center and prison.

History: 1953 Comp., § 40A-22-13.1, enacted by Laws 1976, ch. 15, § 1; 2013, ch. 55, § 1.

The 2013 amendment, effective July 1, 2013, provided that electronic communication devices are contraband and prohibited in jails and prisons; in Subsection A, in the first sentence, after "consists of", added "knowingly and voluntarily"; in Subsection B, after "consists of", added "knowingly and voluntarily"; in Paragraph (1) of Subsection C, after "Section", added "30-1-12 NMSA 1978"; added Paragraph (5) of Subsection C; and added Subsections D and E.

To be guilty of bringing contraband into a jail, a person must enter the jail voluntarily. State v. Cole, 2007-NMCA-099, 142 N.M. 325, 164 P.3d 1024.

Knowing possession. — Failing to include the element of knowing possession in the jury instructions for this crime constituted fundamental error. State v. Gonzalez, 2005-NMCA-031, 137 N.M. 107, 107 P.3d 547.

Contraband includes cocaine. — Subsection C(4) of Section 30-22-14 NMSA 1978 includes cocaine in its definition of "contraband". State v. Gonzalez, 2005-NMCA-031, 137 N.M. 107, 107 P.3d 547.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.

Validity and construction of prison regulation of inmates' possession of personal property, 66 A.L.R.4th 800.