(1) A person being confined in a detention facility commits the crime of possession of contraband in the first degree if he knowingly obtains or has in his possession contraband as listed in section 18-8-203 (1)(a) or alcohol; except that this subsection (1) shall not apply to contraband specified in section 18-18-405.
(2) Possession of contraband in the first degree, other than a dangerous instrument, is a class 6 felony.
(3) Possession of contraband in the first degree involving a dangerous instrument is a class 4 felony.