§ 76-8-311.10 — Possession of contraband in a correctional facility.

Utah § 76-8-311.10

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-8: Offenses Against the Administration of Government
• Part 76-8-3: Obstructing Governmental Operations

Text

(1) (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.

Legislative History

Enacted by Chapter 96, 2024 General Session