CHAPTER 367

FORMERLY

HOUSE BILL NO. 443

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1256, Title 11 of the Delaware Code by striking said Section it in its entirety and substituting in lieu thereof a new “§ 1256” to read as follows:

Ҥ 1256. Promoting prison contraband; class F felony; class A misdemeanor.

A person is guilty of promoting prison contraband when:

(a) The person knowingly and unlawfully introduces any contraband into a detention facility; or

(b) The person possesses with intent to deliver any contraband to any person confined within a detention facility; or

(c) Being a person confined in a detention facility, the person knowingly and unlawfully makes, obtains or possesses any contraband.

Promoting prison contraband is a class A misdemeanor except that if the prison contraband is a deadly weapon or any mobile, phone, cellular telephone, or other prohibited electronic device of any kind, it is a class F felony.”.

Approved July 16, 2008