Felony Offenses in the Texas Penal Code

Austin Criminal Lawyer


Federal Defense Attorney

Texas Penal Code, Section 46.10 - Deadly Weapon in Penal Institution

CHAPTER 46. WEAPONS

        § 46.10.  DEADLY WEAPON IN PENAL INSTITUTION.
        (a)  A 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 institution.
        (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 degree.

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.

NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the state of Texas, please contact us at (512) 478-0758 or fill out a brief case questionnaire.