Current through the 2024 Fourth Special Session
Section 76-8-311.6 - Possession of prohibited item by offender or detainee in correctional or mental health facility(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 possession of prohibited item by offender or detainee in correctional or mental health facility if the actor:(a)(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.Added by Chapter 96, 2024 General Session ,§ 53, eff. 5/1/2024.