Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 38.114 - Contraband in Correctional Facility

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

§ 38.114.  CONTRABAND IN CORRECTIONAL FACILITY.

(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.



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