Okla. Stat. tit. 57, § 57-21
This is the official text of Okla. Stat. tit. 57, § 57-21, part of Oklahoma’s Stat. tit. 57, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 57,." Browse the sections below, each linked to its official government source.
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Contraband in jails or penal institutions - Penalties
Official statutory text
A. Any person who, without authority, brings into or has in his
or her possession in any jail or state penal institution or other
place where prisoners are located, any gun, knife, bomb or other
dangerous instrument, any controlled dangerous substance as defined
by the Uniform Controlled Dangerous Substances Act, any alcoholic
beverage as defined by Section 1-103 of Title 37A of the Oklahoma
Statutes, money or financial documents for a person other than the
inmate or a spouse of the inmate, including but not limited to tax
returns, shall be guilty of a Class B3 felony offense and, upon
conviction, shall be punished by imprisonment in the custody of the
Department of Corrections for a term of not less than one (1) year
nor more than five (5) years, or by a fine of not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00), or by both such fine and imprisonment. Provided, the
provisions of this subsection shall not prohibit any Department of
Corrections employee who has a valid handgun license pursuant to the
Oklahoma Self-Defense Act to keep a firearm in a vehicle on any
property set aside for the parking of any vehicle, whether occupied
or unoccupied, at any state-owned prison facility, provided the
employee has provided annual notification to the Department of
Corrections of the brand name, model, serial number, and owner
identification information of the firearm, and the firearm is
secured and stored in a locked metal storage container located in a
locked vehicle. The storage container will be secured in the
vehicle by a lockable chain or cable or by utilizing hardware
provided by the manufacturer.
B. If an inmate is found to be in possession of any item
prohibited by this section, upon conviction, such inmate shall be
guilty of a Class D1 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.
C. If the person found to be in possession of any item
prohibited by this section has committed, prior to the commission of
an offense in violation of this section, two or more felony
offenses, and the possession of contraband in violation of this
Oklahoma Statutes - Title 57. Prisons and Reformatories Page 20
section is within ten (10) years of the completion of the execution
of the sentence for any prior offense, such person, upon conviction,
shall be guilty of a felony and shall be punished by imprisonment in
the custody of the Department of Corrections for a term of not less
than twenty (20) years. Felony offenses relied upon shall not have
arisen out of the same transaction or occurrence or series of events
closely related in time and location.
D. Any person who, without authority, brings into or has in his
or her possession in any jail or state penal institution or other
place where prisoners are located, cigarettes, cigars, snuff,
chewing tobacco or any other form of tobacco product shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail not to exceed one (1) year, or by a fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
E. Any person who knowingly, willfully and without authority
brings into or has in his or her possession in any secure area of a
jail or state penal institution or other secure place where
prisoners are located any cellular phone or electronic device
capable of sending or receiving any electronic communication shall,
upon conviction, be guilty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by a fine not
exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both
such fine and imprisonment.
F. Any contraband item prohibited by the provisions of this
section that is seized as a result of a violation of this section
lty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by a fine not
exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both
such fine and imprisonment.
F. Any contraband item prohibited by the provisions of this
section that is seized as a result of a violation of this section
may be forfeited by the agency that seized the contraband item
following the procedures outlined in Section 2-506 of Title 63 of
the Oklahoma Statutes.
G. "Electronic communication" means any transfer of signs,
signals, writings, images, sounds, data or intelligence of any
nature transmitted in whole or part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system, and
includes, but is not limited to, the transfer of that communication
through the Internet.
or her possession in any jail or state penal institution or other
place where prisoners are located, any gun, knife, bomb or other
dangerous instrument, any controlled dangerous substance as defined
by the Uniform Controlled Dangerous Substances Act, any alcoholic
beverage as defined by Section 1-103 of Title 37A of the Oklahoma
Statutes, money or financial documents for a person other than the
inmate or a spouse of the inmate, including but not limited to tax
returns, shall be guilty of a Class B3 felony offense and, upon
conviction, shall be punished by imprisonment in the custody of the
Department of Corrections for a term of not less than one (1) year
nor more than five (5) years, or by a fine of not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00), or by both such fine and imprisonment. Provided, the
provisions of this subsection shall not prohibit any Department of
Corrections employee who has a valid handgun license pursuant to the
Oklahoma Self-Defense Act to keep a firearm in a vehicle on any
property set aside for the parking of any vehicle, whether occupied
or unoccupied, at any state-owned prison facility, provided the
employee has provided annual notification to the Department of
Corrections of the brand name, model, serial number, and owner
identification information of the firearm, and the firearm is
secured and stored in a locked metal storage container located in a
locked vehicle. The storage container will be secured in the
vehicle by a lockable chain or cable or by utilizing hardware
provided by the manufacturer.
B. If an inmate is found to be in possession of any item
prohibited by this section, upon conviction, such inmate shall be
guilty of a Class D1 felony offense and shall be punished by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.
C. If the person found to be in possession of any item
prohibited by this section has committed, prior to the commission of
an offense in violation of this section, two or more felony
offenses, and the possession of contraband in violation of this
Oklahoma Statutes - Title 57. Prisons and Reformatories Page 20
section is within ten (10) years of the completion of the execution
of the sentence for any prior offense, such person, upon conviction,
shall be guilty of a felony and shall be punished by imprisonment in
the custody of the Department of Corrections for a term of not less
than twenty (20) years. Felony offenses relied upon shall not have
arisen out of the same transaction or occurrence or series of events
closely related in time and location.
D. Any person who, without authority, brings into or has in his
or her possession in any jail or state penal institution or other
place where prisoners are located, cigarettes, cigars, snuff,
chewing tobacco or any other form of tobacco product shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail not to exceed one (1) year, or by a fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
E. Any person who knowingly, willfully and without authority
brings into or has in his or her possession in any secure area of a
jail or state penal institution or other secure place where
prisoners are located any cellular phone or electronic device
capable of sending or receiving any electronic communication shall,
upon conviction, be guilty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by a fine not
exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both
such fine and imprisonment.
F. Any contraband item prohibited by the provisions of this
section that is seized as a result of a violation of this section
lty of a Class D1 felony offense punishable
by imprisonment as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes, or by a fine not
exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both
such fine and imprisonment.
F. Any contraband item prohibited by the provisions of this
section that is seized as a result of a violation of this section
may be forfeited by the agency that seized the contraband item
following the procedures outlined in Section 2-506 of Title 63 of
the Oklahoma Statutes.
G. "Electronic communication" means any transfer of signs,
signals, writings, images, sounds, data or intelligence of any
nature transmitted in whole or part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system, and
includes, but is not limited to, the transfer of that communication
through the Internet.
Status: in_force · Read it on the official government site
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