Current through the 2024 Fourth Special Session
Section 76-8-311.4 - Prohibited item in correctional or mental health facility for use by offender or detainee(1)(a) As used in this section: (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.(ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.(iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3.(iv) "Offender" means the same as that term is defined in Section 76-8-311.3.(v) "Secure area" means the same as that term is defined in Section 76-8-311.1.(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.(2) An actor commits prohibited item in correctional or mental health facility for use by offender or detainee if the actor:(a) transports a dangerous weapon, ammunition, or implement of escape to or within a correctional facility, or into a secure area of a mental health facility, with the intent to provide or sell to an offender or detainee the dangerous weapon, ammunition, or implement of escape; or(b) provides or sells a dangerous weapon, ammunition, or implement of escape to: (i) an offender at a correctional facility; or(ii) a detainee at a secure area of a mental health facility.(3) Except as provided in Subsection (4), a violation of Subsection (2) is a second degree felony.(4) The defenses provided in Section 76-8-311.3 apply to this section.Added by Chapter 96, 2024 General Session ,§ 52, eff. 5/1/2024.