Contraband in Correctional Facility

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Possessing or providing contraband in a correctional facility is a class C misdemeanor, unless it's committed by an employee of the correctional facility, in which case it's a class B misdemeanor.

Statute(s)

§ 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, § 2, eff. June 17, 2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 42, eff. September
1, 2007.