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CRM 1500-1999

1769. Prison Offenses -- Elements -- 18 U.S.C. 1791(a)(1)

The prohibited conduct under 18 U.S.C. § 1791(a)(1) must violate a "statute or a rule, or order issued under a statute." This includes rules and orders promulgated both by the Attorney General and the Bureau of Prisons.

Prior law prohibited introducing any prohibited item into or taking any prohibited item from a federal penal facility. As amended by the Comprehensive Crime Control Act of 1984, 18 U.S.C. § 1791(a)(1) prohibits providing or attempting to provide contraband. Since the 1984 amendment eliminates the "taking or sending" language, this section can no longer be used to punish smuggling items out of a federal penal facility.

[cited in JM 9-69.300]