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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) As used in this section:
(i) ‘‘Communication device’’ means the same as that term is defined in Section 76-8-311.3.
(ii) ‘‘Correctional facility’’ means the same as that term is defined in Section 76-8-311.3.
(iii) ‘‘Offender’’ means the same as that term is defined in Section 76-8-311.3.
(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility:
(a) knowingly transports a communication device into the correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility;
(b) provides or sells a communication device to an offender in the correctional facility;
(c)(i) is an offender; and
(ii) possesses a communication device in the correctional facility; or
(d)(i) subject to Subsection (4), is an individual other than an offender; and
(ii) knowingly possesses a communication device in the correctional facility.
(3)(a) A violation of Subsection (2)(a), (b), or (c) is a third degree felony.
(b) A violation of Subsection (2)(d) is a class A misdemeanor.
(4)(a) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (2)(d) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device.
(b) A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-311.11 § 76-8-311.11. Prohibited communication device in a correctional facility - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-311-11/
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 before relying on it for your legal needs.
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