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Prohibited Substances and Items in Correctional or Civil Commitment Facility

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Prohibited Substances and Items in Correctional or Civil Commitment Facility”, as per § 38.11 of the Texas Penal Code, occurs when a person provides, or possesses with the intent to provide:

  • an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility or civil commitment facility, except on the prescription of a practitioner;
  • a deadly weapon to a person in the custody of a correctional facility or civil commitment facility;
  • a cellular telephone or other wireless communications device or a component of one of those devices to a person in the custody of a correctional facility;
  • money to a person confined in a correctional facility; or
  • a cigarette or tobacco product to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:
  • prohibits the possession of a cigarette or tobacco product by a person confined in the jail; or
  • places restrictions on the possession of a cigarette or tobacco product by a person confined in the jail; or the manner in which a cigarette or tobacco product may be provided to a person confined in the jail.

A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility.

A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility or civil commitment facility.

A person commits an offense if the person:

  • possesses a controlled substance or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or
  • possesses a deadly weapon while in a correctional facility or civil commitment facility.

An offense under this section is a third degree felony

Punishment Range

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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