Promoting contraband in the first degree

(1) A person is guilty of promoting contraband in the first degree when: (a) He or she knowingly introduces dangerous contraband into a detention facility or a penitentiary; or (b) Being a person confined in a detention facility or a penitentiary, he or she knowingly makes, obtains, or possesses dangerous contraband. (2) Promoting contraband in the first degree is a Class D felony, unless the dangerous contraband is fentanyl, carfentanil, or a fentanyl derivative, in which case it is a Class C felony.