Utah Code 76-8-311.6. Possession of prohibited item by offender or detainee in correctional or mental health facility
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(1)
Terms Used In Utah Code 76-8-311.6
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
(1)(a) As used in this section:
(1)(a)(i) “Correctional facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(ii) “Dangerous weapon” means the same as that term is defined in Section 76-10-501 .
(1)(a)(iii) “Mental health facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(iv) “Offender” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(v) “Secure area” means the same as that term is defined in Section 76-8-311.1 .
(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:
(2)(a)
(2)(a)(i) is an offender at a correctional facility; or
(2)(a)(ii) is a detainee at a mental health facility; and
(2)(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.