Utah Code 76-8-311.8. Prohibited substance in correctional or mental health 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 76-8-311.8
- 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) “Correctional facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(ii) “Medicine” means the same as that term is defined in Section 76-8-311.3 .
(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) “Prohibited substance” means:
(1)(a)(v)(A) spirituous or fermented liquor;
(1)(a)(v)(B) medicine, whether or not lawfully prescribed for an offender or a detainee; or
(1)(a)(v)(C) poison in any quantity.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits prohibited substance in a correctional or mental health facility if the actor:
(2)(a) without the permission of the authority operating the correctional facility or secure area of a mental health facility:
(2)(a)(i) knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or
(2)(a)(ii) fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;
(2)(b) knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or
(2)(c)
(2)(c)(i) is a detainee in a mental health facility or an offender; and
(2)(c)(ii) in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility’s health care providers in compliance with facility policy.
(3)
(3)(a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.
(3)(b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
(4) The defenses provided in Section 76-8-311.3 apply to this section.