§710-1022 Promoting prison contraband in the first degree. (1) A person commits the offense of promoting prison contraband in the first degree if:
(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or
(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.
(2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.
(3) Promoting prison contraband in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L 1986, c 339, §79; gen ch 1993]
Case Notes
As suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, section did not violate defendant's equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under §710-1023. 92 H. 217 (App.), 990 P.2d 115 (1999).
Section 710-1023(1)(b) (1993) is a lesser included offense of subsection (1)(b). 92 H. 217 (App.), 990 P.2d 115 (1999).
Structure Hawaii Revised Statutes
710. Offenses Against Public Administration
710-1000 Definitions of terms in this chapter.
710-1010 Obstructing government operations. §710-1010 Commentary:
710-1010.5 Interference with reporting an emergency or crime.
710-1011 Refusing to aid a law enforcement officer. §710-1011 Commentary:
710-1012 Refusing to assist in fire control. §710-1012 Commentary:
710-1013 Compounding. §710-1013 Commentary:
710-1014 Rendering a false alarm. §710-1014 Commentary:
710-1014.5 Misuse of 911 emergency telephone service.
710-1015 False reporting to law-enforcement authorities. §710-1015 Commentary:
710-1016 Impersonating a public servant. §710-1016 Commentary:
710-1016.5 REPEALED. L 1987, c 130, §2.
710-1016.6 Impersonating a law enforcement officer in the first degree.
710-1016.7 Impersonating a law enforcement officer in the second degree.
710-1017 Tampering with a government record. §710-1017 Commentary:
710-1017.5 Sale or manufacture of deceptive identification document; penalties.
710-1018 Securing the proceeds of an offense. §710-1018 Commentary:
710-1019 Destroying or defacing official notices; penalty.
710-1020 Escape in the first degree.
710-1021 Escape in the second degree. § §710-1020 And 710-1021 Commentary:
710-1022 Promoting prison contraband in the first degree.
710-1023 Promoting prison contraband in the second degree. § §710-1022 And 710-1023 Commentary:
710-1024 Bail jumping in the first degree.
710-1025 Bail jumping in the second degree.
710-1026 Resisting arrest. §710-1026 Commentary:
710-1026.9 Resisting an order to stop a motor vehicle in the first degree.
710-1027 Resisting an order to stop a motor vehicle in the second degree.
710-1028 Hindering prosecution; definition of rendering assistance.
710-1029 Hindering prosecution in the first degree.
710-1030 Hindering prosecution in the second degree. § §710-1028 To 710-1030 Commentary:
710-1031 Intimidating a correctional worker.
710-1040 Bribery. §710-1040 Commentary:
710-1061 False swearing in official matters.
710-1063 Unsworn falsification to authorities. § §710-1060 To 710-1063 Commentary:
710-1064 Retraction. §710-1064 Commentary:
710-1065 Inconsistent statements. §710-1065 Commentary:
710-1066 No prosecution based on previous denial of guilt. §710-1066 Commentary:
710-1067 Corroboration. §710-1067 Commentary:
710-1068 Irregularities no defense. §710-1068 Commentary:
710-1069 Misrepresenting a notarized document in the first degree.
710-1069.5 Misrepresenting a notarized document in the second degree.
710-1070 Bribery of or by a witness. §710-1070 Commentary:
710-1071 Intimidating a witness.
710-1072 Tampering with a witness. §710-1072 Commentary:
710-1072.2 Retaliating against a witness.
710-1072.5 Obstruction of justice.
710-1073 Bribery of or by a juror.
710-1074 Intimidating a juror.
710-1075 Jury tampering. § §710-1073 To 710-1075 Commentary:
710-1075.5 Retaliating against a juror.
710-1076 Tampering with physical evidence. §710-1076 Commentary: