76-8-311.11. Prohibited communication device in a correctional facility.
295 words·~1 min read·
/ut/title-76/chapter-8/76-8-311-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-311.11. Prohibited communication device in a correctional facility.
(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;
(i)is an offender; and
(ii)possesses a communication device in the correctional facility; or
(i)subject to Subsection (4), is an individual other than an offender; and
(ii)knowingly possesses a communication device at the correctional facility.
(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.
(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).
Amended by Chapter , 2024 General Session