Sec. 38.114. CONTRABAND IN CORRECTIONAL FACILITY. (a) A person commits an offense if the person:
(1) provides contraband to an inmate of a correctional facility;
(2) otherwise introduces contraband into a correctional facility; or
(3) possesses contraband while confined in a correctional facility.
(b) In this section, "contraband":
(1) means:
(A) any item not provided by or authorized by the operator of the correctional facility; or
(B) any item provided by or authorized by the operator of the correctional facility that has been altered to accommodate a use other than the originally intended use; and
(2) does not include any item specifically prohibited under Section 38.11.
(c) An offense under this section is a Class C misdemeanor, unless the offense is committed by an employee or a volunteer of the correctional facility, in which event the offense is a Class B misdemeanor.
(d) In this section, "correctional facility" means:
(1) any place described by Section 1.07(a)(14); or
(2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.
Added by Acts 2005, 79th Leg., Ch. 499 (H.B. 549), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 42, eff. September 1, 2007.
Structure Texas Statutes
Title 8 - Offenses Against Public Administration
Chapter 38 - Obstructing Governmental Operation
Section 38.02. Failure to Identify
Section 38.03. Resisting Arrest, Search, or Transportation
Section 38.04. Evading Arrest or Detention
Section 38.05. Hindering Apprehension or Prosecution
Section 38.07. Permitting or Facilitating Escape
Section 38.08. Effect of Unlawful Custody
Section 38.09. Implements for Escape
Section 38.10. Bail Jumping and Failure to Appear
Section 38.11. Prohibited Substances and Items in Correctional or Civil Commitment Facility
Section 38.111. Improper Contact With Victim
Section 38.114. Contraband in Correctional Facility
Section 38.12. Barratry and Solicitation of Professional Employment
Section 38.122. Falsely Holding Oneself Out as a Lawyer
Section 38.123. Unauthorized Practice of Law
Section 38.13. Hindering Proceedings by Disorderly Conduct
Section 38.15. Interference With Public Duties
Section 38.151. Interference With Police Service Animals
Section 38.152. Interference With Radio Frequency Licensed to Government Entity
Section 38.16. Preventing Execution of Civil Process
Section 38.17. Failure to Stop or Report Aggravated Sexual Assault of Child
Section 38.171. Failure to Report Felony
Section 38.18. Use of Accident Report Information and Other Information for Pecuniary Gain
Section 38.19. Failure to Provide Notice and Report of Death of Resident of Institution