Criminal Offenses

Plain English Breakdown

Checked against official source text during the last sync.

Tennessee Law on Contraband in Prisons

This bill changes Tennessee's laws to make it a more serious crime to bring certain items into prisons or to possess them there without permission.

What This Bill Does

• Makes it a Class C felony (punishable by up to 15 years in prison and $10,000 fine) to take weapons, ammunition, or explosives into a prison or to possess them there with bad intentions.
• Increases the penalty to a Class B felony (up to 30 years in prison and $25,000 fine) if someone brings these items into a prison and it causes another person's death.
• Makes it a Class D felony (punishable by up to 12 years in prison and $5,000 fine) to take drugs, alcohol, or communication devices like phones into a prison or to possess them there without permission.
• Increases the penalty to a Class C felony if someone brings these items into a prison and it causes another person's death.
• Makes it a Class E felony (punishable by up to 6 years in prison) for the first time to take communication devices like phones into a prison or possess them there without permission, with only fines as punishment. For second or later times, it is punishable by a fine of $3,000.

Who It Names or Affects

• People who try to bring weapons, drugs, alcohol, or communication devices into prisons.
• Prison administrators and staff responsible for enforcing these rules.

Terms To Know

Class C felony

A serious crime that can be punished by up to 15 years in prison and a fine of up to $10,000.

Contraband

Items that are not allowed inside prisons because they could cause harm or problems.

Limits and Unknowns

• The bill does not specify how the increased penalties will be enforced.
• It is unclear if there will be additional costs for the state to implement these changes.

Official Summary Text

Present law prohibits a person from knowingly taking, sending, or otherwise causing to be taken, (i) any weapon, ammunition, or explosive; (ii) any intoxicant, legend drug, controlled substance, or controlled substance analogue; or (iii) any telecommunic
ation device into a penal institution where prisoners are held. Possession of these items with unlawful intent and without the express written consent of the chief administrator of such penal institution is also prohibited.

This bill generally makes it a Class C felony to knowingly take or send any weapon, ammunition, or explosive into such a penal institution or to possess with unlawful intent a weapon, ammunition, or explosive in such a penal institution. A Class C felon
y is punishable by imprisonment of three to 15 years and a fine up to $10,000. However, if such an action results in the death of another person, this bill makes it a Class B felony, which is punishable by imprisonment of eight to 30 years and a fine up
to
$25,000.

This bill generally makes it a Class D felony to knowingly take or send any intoxicant, legend drug, controlled substance, controlled substance analogue, or telecommunications device into a penal institution where prisoners are held. Possession with unl
awful intent of any intoxicant, legend drug, controlled substance, or controlled substance analogue without permission is also generally a Class D felony. A Class D felony is punishable by imprisonment of two to 12 years and a fine up to $5,000. However
,
if such actions result in the death of another person, it is a Class C felony.

This bill generally makes it a Class E felony to possess a telecommunication device with unlawful intent and without permission in a penal institution where prisoners are kept. The first violation is punishable only by fine. A second or subsequent viol
ation is punishable by a fine of $3,000.

Current Bill Text

HOUSE BILL 1678
By Sparks

SENATE BILL 2144
By White
SB2144
011193
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to contraband in penal
institutions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-16-201, is amended by deleting
subsection (c) and substituting:
(1)
(A) Except as provided in subdivision (c)(1)(B), a violation of subdivision
(b)(1)(A) or (b)(2)(A) is a Class C felony.
(B) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class B felony if
the violation resulted in the death of another person.
(2)
(A) Except as provided in subdivision (c)(2)(B), a violation of subdivision
(b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony.
(B) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class C
felony if the violation resulted in the death of another person.
(3)
(A) Except as provided in subdivision (c)(3)(B), a violation of subdivision
(b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A
second or subsequent violation is punishable only by a fine of three thousand
dollars ($3,000).
(B) A violation of subdivision (b)(2)(C) is a Class D felony if the violation
resulted in the death of another person.

- 2 - 011193

SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.