Texas Penal Code - PENAL § 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 .


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