Skip to main content

Texas Penal Code - PENAL § 38.114. Contraband in Correctional Facility

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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 .

Cite this article: FindLaw.com - Texas Penal Code - PENAL § 38.114. Contraband in Correctional Facility - last updated April 14, 2021 | https://codes.findlaw.com/tx/penal-code/penal-sect-38-114/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard