Felony Offenses in the Texas Penal Code

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Federal Defense Attorney

Texas Penal Code, Section 38.11 - Prohibited Substances and Items in Correctional Facility or on Property of Texas Department of Criminal Justice

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

        § 38.11.  PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
        (a)  A person commits an offense if the person provides:
                (1)  an alcoholic beverage, controlled substance, or dangerous drug to an inmate of a correctional facility, except on the prescription of a physician or practitioner, as defined in Section 551.003, Occupations Code;
                (2)  a deadly weapon to an inmate of a correctional facility;  or
                (3)  a cellular telephone, cigarette, tobacco product, or money to an inmate of a correctional facility operated by or under contract with the Texas Department of Criminal Justice.
        (b)  A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility, except for delivery to a correctional facility warehouse, pharmacy, or physician.
        (c)  A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by the Texas Department of Criminal Justice, except for delivery to a warehouse, pharmacy, or physician on property owned, used, or controlled by the department.
        (d)  A person commits an offense if the person:
                (1)  possesses a controlled substance or dangerous drug while:;
                        (A)  on property owned, used, or controlled by the Texas Department of Criminal Justice;  or
                        (B)  in a correctional facility;  or
                (2)  possesses a deadly weapon while in a correctional facility.
        (e)  It is an affirmative defense to prosecution under Subsection (d)(1) of this section that the person possessed the controlled substance or dangerous drug pursuant to a prescription issued by a practitioner or while delivering the substance or drug to a warehouse, pharmacy, or physician on property owned, used, or controlled by the department.  It is an affirmative defense to prosecution under Subsection (d)(2) of this section that the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility authorized to possess the deadly weapon while on duty or traveling to or from the person's place of assignment.
        (f)  In this section:
                (1)  "Practitioner" has the meaning assigned by Section 481.002, Health and Safety Code.
                (2)  "Prescription" has the meaning assigned by Section 481.002, Health and Safety Code.
                (3)  "Cigarette" has the meaning assigned by Section 154.001, Tax Code.
                (4)  "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.
        (g)  An offense under this section is a felony of the third degree.
        (h)  Notwithstanding Section 15.01(d), if a person commits the offense of criminal attempt to commit an offense under Subsection (a) or (b), the offense committed under Section 15.01 is a felony of the third degree.
        (i)  It is an affirmative defense to prosecution under Subsection (b) that the actor:
                (1)  is a duly authorized member of the clergy with rights and privileges granted by an ordaining authority that includes administration of a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage;  and
                (2)  takes four ounces or less of an alcoholic beverage into the correctional facility and personally consumes all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed.
        (j)  A person commits an offense if the person while an inmate of a correctional facility operated by or under contract with the Texas Department of Criminal Justice possesses a cellular telephone.

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