NRS 212.160: Furnishing A Weapon Or Controlled Substance To A Prisoner
We’ve all heard the stories about life behind bars—accounts of inmates gaining access to contraband like cell phones, cigarettes, and even engaging in drug trade within the prison walls.
The question of how contraband makes its way into prisons remains a mystery to many. However, these items don’t simply materialize within prison walls—someone has to smuggle them in. For example, a Nevada corrections officer was arrested after allegations of smuggling in cellphones.
From weapons, even fake ones, to medical marijuana, all contraband is strictly prohibited in Nevada state prisons. But what are the consequences for those caught attempting to sneak these illegal items into a facility?
It is not easy to get contraband to a prisoner. Every person who enters a prison is searched and must go through a metal detector.
This includes prison staff, visiting family and friends, as well as medical and educational personnel.
Assisting someone in smuggling contraband into a prison is a serious crime. You don’t want to find yourself on the wrong side of the law, facing the same prison walls as the person you intended to help. Being suspected or charged under NRS.212.160 is a grave matter—it’s a felony offense that can result in significant prison time.
If you or someone you know is facing contraband charges, you need to hire a criminal defense attorney. The Defenders is a Las Vegas-based firm that as defended numerous of clients in Nevada for many years. Our experienced team knows the ins and outs of criminal law and can help you navigate your case with ease. Contact our office today for a free case evaluation.
What is NRS 212.160?
NRS 212.160 states that “A person who is not authorized by law, who knowingly furnishes or attempts to furnish, or aids or assists in furnishing or attempting to furnish to a prisoner confined in an institution of The Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance or intoxicating liquor.”
It is also illegal to help someone give prohibited items to a prisoner.
Leaving a prohibited item where a prisoner can obtain it alone is a crime.
It does not matter whether the transfer of contraband occurs in state prison, the courthouse, prison bus, or any other detention facility or location where a state inmate is in custody.
What Happens When A Corrections Officer Gets Caught Smuggling Contraband Into A Prison?
Corrections officers face a challenging and demanding job. While on duty, they are confined within the prison walls just like the inmates they oversee. Their safety is a constant concern, and despite the difficult nature of their work, they are not highly compensated for managing such high-pressure environments.
Prison guards have been caught countless times helping to smuggle contraband to prisoners for the promise of money or protection.
If you are caught bringing contraband into the prison you work in, you could end up serving a sentence of up to 6 years in prison and up to $5000 in fines.
You will lose your job and never be able to work in law enforcement again.
What If A Prisoner Is Caught With A Controlled Substance Or A Weapon?
There are two sides to this issue: those attempting to smuggle illegal contraband into the prison and the inmates who choose to receive these items.
In Nevada, if a prisoner is caught with a controlled substance or a weapon, they can face felony charges.
The severity of those charges depends on the amount and type of controlled substance.
Possessing a weapon is considered a class B felony carrying a sentence of 1-6 years in prison.
The drug charges are usually a category D felony with a possible sentence of 1-4 years in prison.
These sentences can be added to the prisoner’s original charge and delay their release from prison.
What Are The Penalties
Knowingly furnishing a state prisoner with drugs or a weapon is a category B felony in Nevada.
Punishable by:
- 1 to 6 years in state prison, and
- Up to a $5000 fine
Providing alcohol to a prisoner is a gross misdemeanor with a sentence of:
- Up to 364 days in jail
- Up to a $2000 fine
Defendants can be charged with other crimes related to drug charges and firearms charges as well.
Common Defenses
Depending on the case your defense attorney will possibly use one of three strategies to defend against the crime of furnishing a weapon, drugs or alcohol to state prisoners.
The following are the most common defenses:
- Lack of knowledge: You didn’t knowingly provide anything to a prisoner. Perhaps they stole it from you, or you accidentally left it somewhere they could access. If there’s no intent or knowledge, the charge should be dismissed.
- False accusation: You were misidentified or falsely accused. If it can be proven that the charges stemmed from a mistake or were made out of revenge, the charges should be dropped.
- Police misconduct: If evidence was obtained through an illegal search, it can be ruled inadmissible in court, leaving the prosecution without sufficient evidence to convict you.
It is the prosecution that must prove the defendant violated NRS.212.160 beyond a reasonable doubt. The prosecution may drop the charges if the evidence is insufficient or inadmissible in court.
What Items Are Prisoners Not Allowed To Have In Nevada
Nevada prison and jail inmates are not allowed to have the following:
- Metal knuckles, Billy-club, slingshot or and club
- Explosive substances or any incendiary device
- Switchblade knives or sharp instruments
- Firearms such as pistols or revolvers
- Facsimiles for firearms or explosives
- Any device that will propel a projectile to cause bodily harm like a slingshot, a pellet gun or a crossbow
- Cell phones
- Drugs of any kind either controlled substance or prescription drugs
How Can The Defenders Help
If your loved one is accused of giving contraband to a prisoner or the prisoner is accused of possessing contraband this could lead to a long prison sentence and another felony added on to what they are already facing. These charges are severe and can land you in [prison yourself.
The Defenders have been representing clients in Nevada for years.
Never leave your potential freedom to a public defender who you may not even meet until the day you go to your first court appearance.
Public defenders are given cases by the court, they are decided for them. Hiring a defense team can ensure you get the attention you deserve.
The Defenders have resources to properly investigate the case against you.
We can work with the prosecutor’s office to get the charges dismissed, reduced or reach a plea bargain through negotiations.
Contact our office today for a free case evaluation.
Frequently Asked Questions
What is considered contraband in a prison?
Contraband in a prison includes prohibited items that inmates are not allowed to possess. These include weapons like knives or firearms, explosive substances, drugs (both illegal and prescription without authorization), cell phones, and other items. Possession of these items within a prison setting is punishable by law.
What are the penalties for smuggling contraband into a Nevada prison?
Smuggling contraband such as drugs or weapons into a Nevada prison is a category B felony. It carries a penalty of 1 to 6 years in state prison and fines up to $5000. Bringing alcohol into the prison is a gross misdemeanor, which can lead to up to 364 days in jail and a $2000 fine.
Can inmates face additional charges for contraband possession?
Yes, inmates caught with contraband, such as controlled substances or weapons, can face additional felony charges. The specific penalties depend on the type and amount of contraband. These charges could lengthen their original sentence and significantly delay their release.
How can I defend against accusations of smuggling contraband?
Common defenses include lack of knowledge, false accusations, or demonstrating that evidence was obtained unlawfully. For example, if you unknowingly left an item where a prisoner could access it, or if you were misidentified, your attorney could work to have the charges dismissed. Consulting with an experienced defense attorney is critical for building a strong case.
