Utah Code 76-8-311.10. Possession of contraband in a correctional facility
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-8-311.10
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
(1)(a) As used in this section:
(1)(a)(i) “Contraband” means an item not specifically prohibited for possession by an offender under this section or Section 76-8-311.3 , 76-8-311.4 , 76-8-311.6 , 76-8-311.7 , 76-8-311.8 , or 76-8-311.9 .
(1)(a)(ii) “Correctional facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits possession of contraband in a correctional facility if the actor, without the permission of the authority operating a correctional facility, knowingly engages in an activity that would facilitate the possession of contraband by an offender in the correctional facility.
(3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B misdemeanor.
(4)
(4)(a) The possession, distribution, or use of a controlled substance at a correctional facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled Substances Act.
(4)(b) The provisions of Section 76-8-311.9 take precedence over this section.
(4)(c) The defenses provided in Section 76-8-311.3 apply to this section.