Sec. 38.114. CONTRABAND IN CORRECTIONAL FACILITY    


Latest version.
  • (a) A person commits an offense if the person:

    (1) provides contraband to an inmate of a correctional facility;

    (2) otherwise introduces contraband into a correctional facility; or

    (3) possesses contraband while confined in a correctional facility.

    (b) In this section, "contraband":

    (1) means:

    (A) any item not provided by or authorized by the operator of the correctional facility; or

    (B) any item provided by or authorized by the operator of the correctional facility that has been altered to accommodate a use other than the originally intended use; and

    (2) does not include any item specifically prohibited under Section 38.11.

    (c) An offense under this section is a Class C misdemeanor, unless the offense is committed by an employee or a volunteer of the correctional facility, in which event the offense is a Class B misdemeanor.

    (d) In this section, "correctional facility" means:

    (1) any place described by Section 1.07(a)(14); or

    (2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.

Added by Acts 2005, 79th Leg., Ch. 499 , Sec. 2, eff. June 17, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 , Sec. 42, eff. September 1, 2007.