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18 U.S.C. § 1791

Title 18 Chapter 87 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 1791. Providing or possessing contraband in prison

  • (a) Whoever—
    • (1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or
    • (2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object;
  • (b) The punishment for an offense under this section is a fine under this title or—
    • (1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;
    • (2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;
    • (3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;
    • (4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and
    • (5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section.
  • (c) Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance. Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation.
  • (d) As used in this section—
    • (1) the term “prohibited object” means—
      • (A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection;
      • (B) marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison;
      • (C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine;
      • (D) a controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection) or an alcoholic beverage;
      • (E) any United States or foreign currency;
      • (F) a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) )) in connection with such service; and
      • (G) any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual;
    • (2) the terms “ammunition”, “firearm”, and “destructive device” have, respectively, the meanings given those terms in section 921 of this title ;
    • (3) the terms “controlled substance” and “narcotic drug” have, respectively, the meanings given those terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and
    • (4) the term “prison” means a Federal correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.

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