Utah Code 76-8-311.7. Possession of prohibited item in correctional facility or secure area of mental health facility
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(1)
Terms Used In Utah Code 76-8-311.7
- 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) “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 in correctional facility or secure area of mental health facility if the actor, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses a dangerous weapon, ammunition, or implement of escape at a correctional facility or in a secure area of a mental health facility.
(3) Except as provided in Section 76-8-311.6 or Subsection (4), a violation of Subsection (2) is a third degree felony.
(4) The defenses provided in Section 76-8-311.3 apply to this section.