217.360. Delivery or concealment of controlled substances, liquor or prohibited articles on premises of any correctional center or city, county or private jail, penalties--expungement of records for c - Missouri Statutes

Delivery or concealment of controlled substances, liquor orprohibited articles on premises of any correctional center or city,county or private jail, penalties--expungement of records forcertain violations, procedure.

217.360. 1. It shall be an offense for any person to knowinglydeliver, attempt to deliver, have in his possession, deposit or conceal inor about the premises of any correctional center, or city or county jail,or private prison or jail:

(1) Any controlled substance as that term is defined by law, exceptupon the written prescription of a licensed physician, dentist, orveterinarian;

(2) Any other alkaloid of any controlled substance, any spirituous ormalt liquor, or any intoxicating liquor as defined in section 311.020,RSMo;

(3) Any article or item of personal property which an offender isprohibited by law or by rule and regulation of the division from receivingor possessing;

(4) Any gun, knife, weapon, or other article or item of personalproperty that may be used in such manner as to endanger the safety orsecurity of the correctional center, or city or county jail, or privateprison or jail or as to endanger the life or limb of any offender oremployee of such a center.

2. The violation of subdivision (1) of subsection 1 of this sectionshall be a class C felony; the violation of subdivision (2) of subsection 1of this section shall be a class D felony; the violation of subdivision (3)of subsection 1 of this section shall be a class A misdemeanor; and theviolation of subdivision (4) of subsection 1 of this section shall be aclass B felony.

3. Any person who has been found guilty of or has pled guilty to aviolation of subdivision (2) of subsection 1 of this section involving anyalkaloid shall be entitled to expungement of the record of the violation.The procedure to expunge the record shall be pursuant to section 610.123,RSMo. The record of any person shall not be expunged if such person hasbeen found guilty of or has pled guilty to knowingly delivering, attemptingto deliver, having in his possession, or depositing or concealing anyalkaloid of any controlled substance in or about the premises of anycorrectional center, or city or county jail, or private prison or jail.

(L. 1982 H.B. 1196 § 68, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 1998 S.B. 842, A.L. 2003 S.B. 399)

(1993) Use of the word "any" in statute prohibiting possession of "any" weapon in a correctional facility is ambiguous. Defendant was significantly prejudiced by counsel's failure to raise the issue of double jeopardy when defendant was prosecuted for more than one offense for having more than one weapon in same place. State v. Baker, 850 S.W.2d 944 (Mo.App.E.D.).

(2003) Under rules of statutory construction, cellular telephone and charger do not fall within category of guns, knives, weapons, and other inherently dangerous instruments. State v. William, 100 S.W.3d 828 (Mo.App.W.D.).