California Business and Professions Code 25603 BPC makes it a crime to bring any alcoholic beverage into a penal institution. The section is charged when officers, visitors or inmates are caught with alcohol on jail or prison grounds.
The offense is a felony punishable by
- up to 3 years in jail and
- a fine of up to $10,000.00.
The language of the code section reads as follows:
25603. Every person, not authorized by law, who brings into any state prison, city or county jail, city and county jail, or reformatory in this State, or within the grounds belonging to any such institution, any alcoholic beverage is guilty of a felony.
Examples
- Nia visits her boyfriend in the county jail and tries to bring him hard alcohol.
- Desmond enters the grounds of the state prison drinking a beer.
- Phil goes to the city jail to see his sister and tries to bring in vodka in a water bottle.
Defenses
Luckily, there are several legal defenses that a person can raise if accused of this crime. These include showing that the defendant:
- did not have alcohol,
- was falsely accused, and/or
- was arrested following a coerced confession.
Penalties
A violation of this code section is charged as a felony (as opposed to an infraction or a California misdemeanor). The offense is punishable by:
- imprisonment in county jail for up to three years, and/or
- a maximum fine of $10,000.
In lieu of jail time, a judge may award a defendant with felony (or formal) probation.
Our California criminal defense attorneys will explain the following in this article:
- 1. What is prohibited by Business & Professions Code 25603?
- 2. Are there legal defenses?
- 3. Penalties, punishment, and sentencing
- 4. Related offenses
1. What is prohibited by Business & Professions Code 25603?
Business and Professions Code 25603 BPC is the California statute that makes it a crime for a person to bring any alcoholic beverage into a penal institution, or on the grounds of the same.1
A “penal institution” includes any:
- state prison,
- city jail,
- county jail, and
- reformatory.2
2. Are there legal defenses?
A person accused under this statute can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.
There are three common defenses to accusations of violating BPC 25603. These are:
- no alcohol,
- falsely accused, and/or
- coerced confession.
2.1. No alcohol
A defendant can only be guilty under this code section if he tries to bring alcohol into a penal institution. This means it is always a legal defense for an accused to say that he did not have an alcoholic beverage.
2.2. Falsely accused
Unfortunately, it is common for people to get prosecuted based on false allegations. People get falsely accused out of
- jealousy,
- revenge, and
- anger.
Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating this section.
2.3. Coerced confession
California law states that police may not use overbearing measures to coerce a confession.
If a party can show that the police coerced him into a confession, then:
- the judge may exclude the confession from evidence, or
- the case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.
3. Penalties, punishment, and sentencing
A violation of this code section 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 $10,000.3
In lieu of jail time, a judge may award a defendant with felony (or formal) probation.
4. Related Offenses
There are three crimes related to bringing intoxicants into a penal institution. These are:
- bringing drugs into a jail or prison – PC 4573
- bringing contraband into a jail or prison – PC 4573.5, and
- bringing alcohol into a public schoolhouse – BPC 25608.
4.1. Bringing drugs into a jail or prison – PC 4573
Penal Code 4573 PC is the California statute that makes it a crime for a person to knowingly bring or send controlled substances into a jail or prison.4
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”.
A violation of PC 4573 is a felony under California law.5
The crime is punishable by imprisonment in the county jail for:
- two years,
- three years, or
- four years.6
4.2. 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.7
“Contraband” includes:
- alcohol, and
- any drugs, other than controlled substances.8
A violation of PC 4573.5 is a felony under California law.9
The crime is punishable by imprisonment in state prison for:
- 16 months,
- two years, or
- three years.10
4.3. Bringing alcohol into a public schoolhouse – BPC 25608
California Business and Professions Code 25608 BPC makes it a crime for a person to
- possess,
- consume,
- sell,
- give, or
- deliver
an alcoholic beverage while in a public schoolhouse, or while on the grounds of the public schoolhouse.11
A violation of Business and Professions Code 25608 is charged as a misdemeanor.12 The crime is punishable by:
- imprisonment in the county jail for not more than six months; and/or,
- a maximum fine of $1,000.
Legal References:
- California Business and Professions Code 25603 BPC.
- California Penal Code 1170h.
- California Penal Code 4573.
- See same.
- See same.
- California Penal Code 4573.5.
- See same.
- See same.
- See same. See also California Penal Code 18.
- California Business and Professions Code 25608 BPC.
- See same.