76-8-311.6. Possession of prohibited item by offender or detainee in correctional or mental health facility.
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/ut/title-76/chapter-8/76-8-311-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-8-311.6. Possession of prohibited item by offender or detainee in correctional or mental health facility.
(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 76-11-101 .
(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 possession of prohibited item by offender or detainee in correctional or mental health facility if the actor:
(i)is an offender at a correctional facility; or
(ii)is a detainee at a mental health facility; and
(b)possesses a dangerous weapon, ammunition, or an implement of escape.
(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.
Amended by Chapter 208 , 2025 General Session