Utah Code 76-8-311.11. Prohibited communication device in a correctional facility
Current as of: 2024 | Check for updates
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Other versions
(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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-8-311.11
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1)(a) As used in this section:
(1)(a)(i) “Communication device” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(ii) “Correctional facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(iii) “Offender” 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 prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility:
(2)(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;
(2)(b) provides or sells a communication device to an offender in the correctional facility;
(2)(c)
(2)(c)(i) is an offender; and
(2)(c)(ii) possesses a communication device in the correctional facility; or
(2)(d)
(2)(d)(i) subject to Subsection (4), is an individual other than an offender; and
(2)(d)(ii) knowingly possesses a communication device at the correctional facility.
(3)
(3)(a) A violation of Subsection (2)(a), (b), or (c) is a third degree felony.
(3)(b) A violation of Subsection (2)(d) is a class A misdemeanor.
(4)
(4)(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.
(4)(b) A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).