Sec. 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.
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Added by Acts 2005, 79th Leg., Ch. 499, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 42, eff. September 1, 2007.
