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18 U.S.C. § 1791 — Providing or possessing contraband in prison
Federal law — U.S. Code and appendices · legal_authorities
**(a) Offense.—** Whoever—
(1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
**(b) Punishment.—** The punishment for an offense under this section is a fine under this title or—
(1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and
(5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section.
**(c) Consecutive Punishment Required in Certain Cases.—** Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance. Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation.
**(d) Definitions.—** As used in this section—
(1) the term “prohibited object” means—
(A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijua
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Source file: Laws/federal/codes/united-states-code/title-18/section-1791-providing-or-possessing-contraband-in-prison--dea4a37333.md
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Source location: Title 18, Chapter 87, § 1791; chapter-087-prisons.md
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**(a) Offense.—** Whoever—
(1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
**(b) Punishment.—** The punishment for an offense under this section is a fine under this title or—
(1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and
(5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section.
**(c) Consecutive Punishment Required in Certain Cases.—** Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance. Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation.
**(d) Definitions.—** As used in this section—
(1) the term “prohibited object” means—
(A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection;
(B) marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison;
(C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine;
(D) a controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection) or an alcoholic beverage;
(E) any United States or foreign currency;
(F) a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ([47 U.S.C. 332(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/d&num=0&edition=prelim))) in connection with such service; and
(G) any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual;
(2) the terms “ammunition”, “firearm”, and “destructive device” have, respectively, the meanings given those terms in [section 921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921&num=0&edition=prelim);
(3) the terms “controlled substance” and “narcotic drug” have, respectively, the meanings given those terms in section 102 of the Controlled Substances Act ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)); and
(4) the term “prison” means a Federal correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
#### Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim).
#### Short Title of 2026 Amendment
Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
#### Short Title of 2024 Amendment
Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.”
Pub. L. 118–77, § 1, July
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
(3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
(4) The term “destructive device” means—
(A) any explosive, incendiary, or poison gas—
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of
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Federal law — U.S. Code and appendices · legal_authorities
Whoever knowingly and willfully files any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise, or knowingly or willfully makes or files any false affidavit, abstract, record, certificate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of merchandise, greater than that legally due thereon, shall be fined under this title or imprisoned not more than two years, or both, and such merchandise or the value thereof shall be forfeited.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition** In this section, the term “unmanned aircraft” has the meaning given the term in [section 44801 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44801&num=0&edition=prelim).
**(b) Omitted**
**(c) Increased penalties for operation of unmanned aircraft to facilitate felony offense** If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.
**(d) Increased penalties for use of unmanned aircraft to introduce contraband into prisons** If a defendant who is convicted under [section 1791 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1791&num=0&edition=prelim) knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years.
**(e) Directive to United States Sentencing Commission: enhanced sentencing range for use of unmanned aircraft**
(1) **In general** — To carry out the purposes of this section, during the Sentencing Commission’s amendment cycle in progress at the time this Act is enacted, the Commission shall, under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim)—
(A) promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and
(B) as necessary, promulgate policy state
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Federal law — U.S. Code and appendices · legal_authorities
Page 445
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1791
in skills, crafts, or trades in which there is a surplus
of available gainful labor in the locality, or impair
existing contracts for services.’’
§ 1762. Marking packages
(a) All packages containing any goods, wares,
or merchandise manufactured, produced, or
mined wholly or in part by convicts or prisoners,
except convicts or prisoners on parole or proba-
tion, or in any penal or reformatory institution,
when shipped or transported in interstate or for-
eign commerce shall be plainly and clearly
marked, so that the name and address of the
shipper, the name and address of the consignee,
the nature of the contents, and the name and lo-
cation of the penal or reformatory institution
where produced wholly or in part may be readily
ascertained on an inspection of the outside of
such package.
(b) Whoever violates this section shall be fined
under this title, and any goods, wares, or mer-
chandise transported in violation of this section
or section 1761 of this title shall be forfeited to
the United States, and may be seized and con-
demned by like proceedings as those provided by
law for the seizure and forfeiture of property im-
ported into the United States contrary to law.
(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L.
102–393, title V, § 535(b), Oct. 6, 1992, 106 Stat.
1764; Pub. L. 103–322, title XXXIII, § 330016(1)(H),
Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title
VI, § 601(a)(7), Oct. 11, 1996, 110 Stat. 3498.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 396c, 396d, 396e
(July 24, 1935, ch. 412, §§ 2, 3, 4, 49 Stat. 494, 495).
Section consolidates sections 396c, 396d, and 396e of
title 18, U.S.C., 1940 ed.
Words ‘‘upon conviction thereof’’ were deleted
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors which Commission must consider** In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), whether such actions will—
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands;
(3) encourage competition and provide services to the largest feasible number of users; or
(4) increase interservice sharing opportunities between private mobile services and other services.
**(b) Advisory coordinating committees**
(1) The Commission, in coordinating the assignment of frequencies to stations in the private mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government.
(2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).
(3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee.
(4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the provisions of chapter 10 of titl
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Federal law — U.S. Code and appendices · legal_authorities
Page 183
TITLE 47—TELECOMMUNICATIONS
§ 332
§ 303(a)(18), Oct. 25, 1994, 108 Stat. 4295; Pub. L.
115–141, div. P, title IV, § 402(i)(5), Mar. 23, 2018,
132 Stat. 1089.)
Editorial Notes
REFERENCES IN TEXT
Subsec. (d) of section 307 of this title, referred to in
subsec. (a), was redesignated subsec. (c) of section 307
by Pub. L. 97–259, title I, § 112(a), Sept. 13, 1982, 96 Stat.
1093.
CODIFICATION
Another section 331 of act June 19, 1934 was renum-
bered section 332 and is classified to section 332 of this
title.
PRIOR PROVISIONS
A prior section 331, act June 19, 1934, ch. 652, title III,
§ 331, as added Sept. 14, 1973, Pub. L. 93–107, § 1, 87 Stat.
350, related to broadcasting of games of professional
sports clubs, prior to repeal by Pub. L. 93–107, § 2, Sept.
14, 1973, 87 Stat. 351, effective Dec. 31, 1975.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–141 struck out at end:
‘‘The Commission shall report to the appropriate com-
mittees of Congress within 30 days after December 20,
1991, on how it intends to meet this policy goal.’’
1994—Pub. L. 103–414 amended section catchline gen-
erally.
1991—Pub. L. 102–243 inserted ‘‘and AM radio sta-
tions’’ in section catchline, designated existing provi-
sions as subsec. (a) and inserted heading, and added
subsec. (b).
§ 332. Mobile services
(a) Factors which Commission must consider
In taking actions to manage the spectrum to
be made available for use by the private mobile
services, the Commission shall consider, con-
sistent with section 151 of this title, whether
such actions will—
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use
and reduce the regulatory burden upon spec-
trum users, based upon sound engineering
principles, user operational requirements, and
m
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