1. 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.
2. 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.

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

   1. (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. (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. (3) an alcoholic beverage;
   4. (4) a controlled substance, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or cannabis, as defined in the Cannabis Regulation Act [Chapter 26, Article 2C NMSA 1978], but does not include a controlled substance or medical cannabis carried into a prison or jail through regular prison or jail channels and pursuant to the direction or prescription of a licensed physician; or
   5. (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.
4. 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.
5. 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; 2024, ch. 38, § 14; 2024, ch. 49, § 1.

ANNOTATIONS

The 2024 Multiple Amendments. — Laws 2024, ch. 38, § 14, effective July 1, 2024, and Laws 2024, ch. 49, § 1, effective May 15, 2024, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2024, ch. 49, § 1, as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2024, ch. 38, § 14 and Laws 2024, ch. 49, § 1 are described below. To view the session laws in their entirety, see the 2024 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2024, ch. 38, § 14, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" and excluded "medical cannabis" from the definition of "contraband" and Laws 2024, ch. 49, § 1, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" excluded "medical cannabis" from the definition of "contraband" and exempted cannabis brought into prisons or jails through regular channels and under the direction or prescription of a healthcare provider.

Laws 2024, ch. 49, § 1, effective May 15, 2024, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband", excluded "medical cannabis" from the definition of "contraband" and exempted from the definition of contraband cannabis brought into prisons or jails through regular channels and under the direction or prescription of a healthcare provider; and in Subsection C, Paragraph C(4), after "Controlled Substances Act", added "or cannabis, as defined in the Cannabis Regulation Act", after "include a controlled substance" added "or medical cannabis" and after each occurrence of "prison" added "or jail".

Laws 2024, ch. 38, § 14, effective July 1, 2024, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" and excluded "medical cannabis" from the definition of "contraband"; and in Subsection C, Paragraph C(4), after "Controlled Substances Act", added "or cannabis, as defined in the Cannabis Regulation Act", and after "include a controlled substance" added "or medical cannabis".

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.

Erroneous instruction on conspiracy to bring contraband into a jail resulted in fundamental error. — Where defendant was tried on a single charge of conspiring to bring contraband into jail, and where the district court did not instruct the jury in accordance with UJI 14-2810 NMRA, but instead gave a hybrid instruction that incorporated aspects of the crime of conspiracy as well as the conspiracy's target offense of bringing contraband into a jail, fundamental error occurred because the instruction given to the jury in this case omitted the essential elements of conspiracy, did not fairly and accurately state the applicable law of conspiracy, and did not fall within an exception to the general rule of fundamental error because it cannot be concluded that the jury implicitly found the essential elements of conspiracy or that the parties' legal and factual presentations left no doubt that the jury would have found the omitted elements if properly instructed. State v. Sivils, 2023-NMCA-080.

Sufficient evidence supported defendant's conviction for conspiracy to bring contraband into a jail. — Where defendant was tried on a single charge of conspiring to bring contraband into jail, and where it was the state's burden to prove beyond a reasonable doubt that defendant and another person by words or acts agreed together to commit bringing contraband into the jail and that defendant and the other person intended to commit bringing contraband into the jail, and where the state presented recordings of phone conversations between defendant and her incarcerated boyfriend, which included vague and unnatural language that was potentially a coded discussion of the alleged conspiracy, and evidence that defendant picked up a box from a third party, drove that box to the courthouse, and left the contents of the box in the courthouse bathroom where the contraband was discovered, there was sufficient evidence for a reasonable juror to infer that defendant intentionally agreed with others to bring contraband into the jail and that defendant acted with the intent to bring contraband into the jail. State v. Sivils, 2023-NMCA-080.

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.