Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal institution.
(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.
(c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.
(d) An offense under this section is a felony of the third degree.
Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Structure Texas Statutes
Title 10 - Offenses Against Public Health, Safety, and Morals
Section 46.02. Unlawful Carrying Weapons
Section 46.03. Places Weapons Prohibited
Section 46.035. Unlawful Carrying of Handgun by License Holder
Section 46.04. Unlawful Possession of Firearm
Section 46.041. Unlawful Possession of Metal or Body Armor by Felon
Section 46.05. Prohibited Weapons
Section 46.06. Unlawful Transfer of Certain Weapons
Section 46.07. Interstate Purchase
Section 46.09. Components of Explosives
Section 46.10. Deadly Weapon in Penal Institution
Section 46.11. Penalty if Offense Committed Within Weapon-Free School Zone
Section 46.12. Maps as Evidence of Location or Area
Section 46.13. Making a Firearm Accessible to a Child