Section 76-8-311.11 - Prohibited communication device in a correctional facility(1)(a) As used in this section: (i) "Communication device" means the same as that term is defined in Section 76-8-311.3.(ii) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.(iii) "Offender" means the same as that term is defined in Section 76-8-311.3.(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.(2) An actor commits prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility: (a) knowingly transports a communication device into the correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility;(b) provides or sells a communication device to an offender in the correctional facility;(c)(ii) possesses a communication device in the correctional facility; or(d)(i) subject to Subsection (4), is an individual other than an offender; and(ii) knowingly possesses a communication device at the correctional facility.(3)(a) A violation of Subsection (2)(a), (b), or (c) is a third degree felony.(b) A violation of Subsection (2)(d) is a class A misdemeanor.(4)(a) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (2)(d) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device.(b) A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).Added by Chapter 99, 2024 General Session ,§ 3, eff. 5/1/2024, coordination clause.