Penal Code 4573 PC (Bringing Drugs into a Jail or Prison)

Updated December 2, 2020

Penal Code 4573 PC is the California statute that makes it a crime for a person to bring a controlled substance into a jail or California state prison. This offense is a felony punishable by up to 3 years in county jail.

Examples

• after Tom gets arrested for DUI, he smuggles a bag of meth into jail with him
• during visiting hours, Nia brings a bag of cocaine into jail and tries to give it to her boyfriend.
• Sam’s friend is in state prison and Sam sends him a letter with Vicodin in it.
• a jail guard brings codeine into jail facilities and tries selling it to inmates.

There are several legal defenses that a person can raise if accused. These include showing that an accused party:

• was authorized to bring a controlled substance;
• acted without knowledge; and/or,
• did not have a controlled substance.

Penalties

A violation of PC 4573 is a felony under California law (as opposed to a misdemeanor or an infraction). The crime is punishable by imprisonment in the county jail for up to three years.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it a crime to bring drugs into a jail or prison in California?
• 2. What are the best defenses to a 4573 PC charge?
  • 2.1. Authorization
  • 2.2. No knowledge
  • 2.3. No controlled substance
• 3. What is the potential punishment?
• 4. Are there other crimes that involve contraband at a jail or prison?
  • 4.1. Bringing contraband into a jail or prison – PC 4573.5
  • 4.2. Alcohol at a public educational facility – BPC 25608
  • 4.3. Possession of a controlled substance – HSC 11350
  • 4.4. Bringing Alcohol into a Penal Institution – BPC 25603

1. Is it a crime to bring drugs into a jail or prison in California?

Penal Code 4573 is the California statute that makes it a crime for a person to knowingly bring or send controlled substances into a jail or prison. This applies not only to jail visitors but inmates trying to smuggle in drugs as well.¹

A “controlled substance” is a drug or chemical whose manufacture, possession and use are regulated by the government under the United States “Controlled Substances Act”.

Examples include:

• cocaine,
• heroin, and
• oxycodone.

2. What are the best defenses to a 4573 PC charge?

A person accused under 4573 PC can challenge the accusation by raising a legal defense.

Three common defenses are:

1. authorization;
2. no knowledge; and/or,
3. no controlled substance.

2.1. Authorization

The statute says that a person can bring a drug into a jail/prison if he is authorized to do so by the person in charge of the facility. Therefore, a defense under this section is for an accused to say that he acted with this authorization.

2.2. No knowledge

Please recall that a defendant is only guilty under this statute if he knowingly brought a drug into a jail. An accused, therefore, cannot be guilty of a crime if he did not know he was bringing a drug into prison.

2.3. No controlled substance

Please also recall that the law only applies to “controlled substances.” This means it is always a defense for a defendant to show that while he may have carried a substance into a jail, it was not a controlled substance.

3. What is the potential punishment?

A violation of PC 4573 is a felony under California law.²

The crime is punishable by imprisonment in the county jail for:

• two years,
• three years, or
• four years.³

In lieu of jail time, a judge may award a guilty party with felony or formal probation.

4. Are there other crimes that involve contraband at a jail or prison?

There are four crimes related to bringing drugs into a jail. These are:

1. bringing contraband into a jail or prison – PC 4573.5;
2. alcohol at a public educational facility – BPC 25608;
3. possession of a controlled substance – HSC 11350;  and,
4. bringing alcohol into a penal institution – BPC 25603.

4.1. Bringing contraband into a jail or prison – PC 4573.5

Penal Code 4573.5 PC is the California statute that makes it a crime for a person to knowingly bring contraband into a jail or prison.⁴

“Contraband” means:

• alcohol, and/or,
• a drug that is not a “controlled substance.”⁵

A violation of PC 4573.5 is charged as a felony. The offense is punishable by up to three years in state prison.⁶

4.2. Alcohol at a public educational facility – BPC 25608

Business and Professions Code 25608 is the California statute that makes it a crime to bring alcohol into a public schoolhouse, or on the grounds of the same.

A violation of BPC 25608 is charged as a misdemeanor.⁷ The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.⁸

4.3. Possession of a controlled substance – HSC 11350

Health and Safety Code 11350 HS prohibits possessing certain controlled substances without a valid prescription.

A violation of HSC 11350 is usually charged as a misdemeanor. The offense is punishable by:

• up to a year in county jail; and/or,
• a fine of up to $1,000.⁹

4.4. Bringing Alcohol into a Penal Institution – BPC 25603

Business and Professions Code 25603 is the California statute that makes it a crime for a person to bring any alcoholic beverage into a penal institution.

A violation of BPC 25603 is charged as a felony. The offense is punishable by:

• imprisonment in county jail for up to three years, and/or
• a maximum fine of $10,000.

Contact us for help…

If you or someone you know has been accused of a crime under Penal Code 4573 PC, we invite you to contact us for a free consultation. We can be reached 24/7 by phone or on social media.

(For similar charges in Colorado, please see our article on: Introducing Contraband to a Jail or Prison Colorado CRS 18-8-203. And, for similar charges in Nevada, please see our article on: Nevada Laws for “Prohibited Items for Prisoners” NRS 212.160; NRS 212.165; NRS 212.180.)

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