Utah § 76-8-311.8 Prohibited substance in correctional or mental health facility.

Utah Statutes

§ 76-8-311.8 — Prohibited substance in correctional or mental health facility.

Utah § 76-8-311.8

Title 76Utah Criminal Code

Ch. 76-8Offenses Against the Administration of Government

Part 76-8-3Obstructing Governmental Operations

This text of Utah § 76-8-311.8 (Prohibited substance in correctional or mental health facility.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-8-311.8 (2026).

Text

(1)(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)

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(1) (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.