Texas Penal Code 38.114 – Contraband in Correctional Facility
Current as of: 2024 | Check for updates
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(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 § 38.11.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Penal Code 38.114
- Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(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 § 1.07(a)(14); or
(2) a “secure correctional facility” or “secure detention facility” as those terms are defined by § 51.02, Family Code.