CHAPTER 46. WEAPONS
§ 46.10. DEADLY WEAPON IN PENAL INSTITUTION.
person commits an offense if, while confined in a penal
institution, he intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal
(b) It is an affirmative defense to prosecution under this
section that at the time of the offense the actor was engaged in
conduct authorized by an employee of the penal institution.
(c) A person who is subject to prosecution under both this
section and another section under this chapter may be prosecuted
under either section.
(d) An offense under this section is a felony of the third
Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.