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§ 30-22-16 NMSAFourth Degree Felony Public Order

Bring Contraband Into Jail

Legal Definition

A person commits this offense by knowingly bringing or causing to be brought into a jail, prison, or other place of confinement any item that is contraband under the facility's rules or state law. Contraband typically includes weapons, drugs, alcohol, cell phones, tools that could aid escape, or other prohibited items. The statute criminalizes both physical introduction of contraband and arranging for its delivery by another person.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole (typically one year for a fourth degree felony) follows release from imprisonment. The sentence may be enhanced if the contraband is a deadly weapon or controlled substance, or if the defendant has prior felony convictions under New Mexico's habitual-offender statutes.

Local Context

This offense applies to jails, prisons, and other correctional facilities. It covers both inmates and non-inmates (such as visitors or staff) who introduce prohibited items. The definition of contraband is broad and includes anything prohibited by facility regulations or state law. Related offenses include possession of contraband by an inmate (§ 30-22-17 NMSA) and aiding a prisoner to escape (§ 30-22-6 NMSA).

Public-Order Cases in Doña Ana County

Disorderly conduct, resisting or obstructing an officer, and giving false identification are classic add-on charges: they frequently ride along with something else in a booking rather than standing alone. Most are petty misdemeanors, the lowest tier of New Mexico offenses, with maximum exposure measured in months rather than years.

Because these charges often arise from chaotic street encounters, how a person behaves during the arrest matters enormously. Resisting is a separate crime even when the underlying stop goes nowhere, which is why knowing your rights, and asserting them calmly, is the practical advice every attorney gives.

Related Guides

Recent Arrests for This Charge (1)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.