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18 USC CHAPTER 87 - PRISONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 87 - PRISONS

.

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CHAPTER 87 - PRISONS

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Sec.

1791. Providing or possessing contraband in prison.

1792. Mutiny and riot prohibited.

1793. Trespass on Bureau of Prisons reservations and land.

AMENDMENTS

1986 - Pub. L. 99-646, Sec. 64(b), Nov. 10, 1986, 100 Stat. 3614,

added item 1793.

1984 - Pub. L. 98-473, title II, Sec. 1109(c), Oct. 12, 1984, 98

Stat. 2148, amended analysis generally by revising items 1791 and

1792, and by inserting a second chapter heading which was not

executed to text as redundant.

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18 USC Sec. 1791 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 87 - PRISONS

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Sec. 1791. Providing or possessing contraband in prison

-STATUTE-

(a) Offense. - 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;

shall be punished as provided in subsection (b) of this section.

(b) Punishment. - 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) or (d)(1)(E) of this

section; and

(5) imprisonment for not more than 6 months, or both, if the

object is specified in subsection (d)(1)(F) of this section.

(c) Consecutive Punishment Required in Certain Cases. - 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) Definitions. - 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; and

(F) 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98-473, title II,

Sec. 1109(a), Oct. 12, 1984, 98 Stat. 2147; Pub. L. 99-646, Sec.

52(a), Nov. 10, 1986, 100 Stat. 3606; Pub. L. 100-690, title VI,

Sec. 6468(a), (b), Nov. 18, 1988, 102 Stat. 4376; Pub. L. 103-322,

title IX, Sec. 90101, title XXXIII, Sec. 330003(a), Sept. 13,

1994,108 Stat. 1986, 2140; Pub. L. 104-294, title VI, Sec. 601(m),

Oct. 11, 1996, 110 Stat. 3502.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753j, 908 (May 14,

1930, ch. 274, Sec. 11, 46 Stat. 327; May 27, 1930, ch. 339, Sec.

8, 46 Stat. 390).

Section consolidates sections 753j and 908 of title 18, U.S.C.,

1940 ed. The section was broadened to include the taking or

sending out of contraband from the institution. This was suggested

by representatives of the Federal Bureau of Prisons and the

Criminal Division of the Department of Justice. In other respects

the section was rewritten without change of substance.

The words ''narcotic'', ''drug'', ''weapon'' and ''contraband''

were omitted, since the insertion of the words ''contrary to any

rule or regulation promulgated by the attorney general'' preserves

the intent of the original statutes.

Words ''guilty of a felony'' were deleted as unnecessary in view

of definitive section 1 of this title. (See also reviser's note

under section 550 of this title.)

Minor verbal changes also were made.

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REFERENCES IN TEXT

Schedules I, II, and III, referred to in subsec. (d)(1)(A), (B),

probably mean schedules I to III of the schedules of controlled

substances, which are set out in section 812(c) of Title 21, Food

and Drugs.

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AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-294 inserted heading.

1994 - Subsec. (b)(2) to (5). Pub. L. 103-322, Sec. 90101(6),

330003(a), amended subsec. (b) identically, substituting ''(d)''

for ''(c)'' wherever appearing in pars. (2) to (5).

Subsec. (c). Pub. L. 103-322, Sec. 90101(1), inserted at

beginning ''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.''

Subsec. (d)(1)(A). Pub. L. 103-322, Sec. 90101(2), inserted

before semicolon at end ''or a controlled substance in schedule I

or II, other than marijuana or a controlled substance referred to

in subparagraph (C) of this subsection''.

Subsec. (d)(1)(B). Pub. L. 103-322, Sec. 90101(3), inserted

''marijuana or a controlled substance in schedule III, other than a

controlled substance referred to in subparagraph (C) of this

subsection,'' before ''ammunition,''.

Subsec. (d)(1)(C). Pub. L. 103-322, Sec. 90101(4), inserted

''methamphetamine, its salts, isomers, and salts of its isomers,''

after ''narcotic drug,''.

Subsec. (d)(1)(D). Pub. L. 103-322, Sec. 90101(5), inserted

''(A), (B), or'' before ''(C)''.

1988 - Subsec. (b). Pub. L. 100-690, Sec. 6468(a), added par.

(1), redesignated former pars. (1) to (4) as (2) to (5),

respectively, and struck out ''or (c)(1)(C)'' after ''subsection

(c)(1)(B)'' in par. (3) as redesignated.

Subsecs. (c), (d). Pub. L. 100-690, Sec. 6468(b), added subsec.

(c) and redesignated former subsec. (c) as (d).

1986 - Pub. L. 99-646 amended section generally. Prior to

amendment, section read as follows:

''(a) Offense. - A person commits an offense if, in violation of

a statute, or a regulation, rule, or order issued pursuant thereto

-

''(1) he provides, or attempts to provide, to an inmate of a

Federal penal or correctional facility -

''(A) a firearm or destructive device;

''(B) any other weapon or object that may be used as a weapon

or as a means of facilitating escape;

''(C) a narcotic drug as defined in section 102 of the

Controlled Substances Act (21 U.S.C. 802);

''(D) a controlled substance, other than a narcotic drug, as

defined in section 102 of the Controlled Substances Act (21

U.S.C. 802), or an alcoholic beverage;

''(E) United States currency; or

''(F) any other object; or

''(2) being an inmate of a Federal penal or correctional

facility, he makes, possesses, procures, or otherwise provides

himself with, or attempts to make, possess, procure, or otherwise

provide himself with, anything described in paragraph (1).

''(b) Grading. - An offense described in this section is

punishable by -

''(1) imprisonment for not more than ten years, a fine of not

more than $25,000, or both, if the object is anything set forth

in paragraph (1)(A);

''(2) imprisonment for not more than five years, a fine of not

more than $10,000, or both, if the object is anything set forth

in paragraph (1)(B) or (1)(C);

''(3) imprisonment for not more than one year, a fine of not

more than $5,000, or both, if the object is anything set forth in

paragraph (1)(D) or (1)(E); and

''(4) imprisonment for not more than six months, a fine of not

more than $1,000, or both, if the object is any other object.

''(c) Definitions. - As used in this section, 'firearm' and

'destructive device' have the meaning given those terms,

respectively, in 18 U.S.C. 921(a)(3) and (4).''

1984 - Pub. L. 98-473 substituted provisions relating to

providing or possessing contraband in prison, grading of offenses

and definitions of ''firearm'' and ''destructive device'' for

former provisions relating to traffic in contraband articles.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 52(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect 30

days after the date of the enactment of this Act (Nov. 10, 1986).''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3050 of this title.

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18 USC Sec. 1792 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 87 - PRISONS

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Sec. 1792. Mutiny and riot prohibited

-STATUTE-

Whoever instigates, connives, willfully attempts to cause,

assists, or conspires to cause any mutiny or riot, at any Federal

penal, detention, or correctional facility, shall be imprisoned not

more than ten years or fined under this title, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98-473, title II,

Sec. 1109(b), Oct. 12, 1984, 98 Stat. 2148; Pub. L. 99-646, Sec.

53(a), Nov. 10, 1986, 100 Stat. 3607; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(O), Sept. 13, 1994, 108 Stat. 2148.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 252 (May 18, 1934, ch.

303, Sec. 1, 48 Stat. 782).

Escape provisions of this section were incorporated in section

752 of this title.

Reference to persons causing, procuring, aiding and assisting was

omitted. Such persons are principals under section 2 of this

title.

Minor changes were made in translation and phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $25,000''.

1986 - Pub. L. 99-646 inserted '', detention,'' after ''penal''.

1984 - Pub. L. 98-473 substituted provisions deleting prohibition

on bringing dangerous instrumentalities into prison and inserted

provision setting forth a maximum $25,000 fine.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 53(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect 30

days after the enactment of this Act (Nov. 10, 1986).''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3050 of this title.

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18 USC Sec. 1793 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 87 - PRISONS

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Sec. 1793. Trespass on Bureau of Prisons reservations and land

-STATUTE-

Whoever, without lawful authority or permission, goes upon a

reservation, land, or a facility of the Bureau of Prisons shall be

fined under this title or imprisoned not more than six months, or

both.

-SOURCE-

(Added Pub. L. 99-646, Sec. 64(a), Nov. 10, 1986, 100 Stat. 3614;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13,

1994, 108 Stat. 2147.)

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AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3050 of this title.

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