WHAT IS CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
The Texas law against contraband in a correctional facility prohibits inmates in correctional facilities from possessing unauthorized items, and prohibits any person from providing unauthorized items to inmates directly or indirectly.
- What is contraband? Texas Penal Code Section 38.114 defines “contraband” as any item not provided by or authorized by the operator of the correctional facility, or 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. For example, prisoners disassemble beard trimmers—an authorized item—to make tattoo machines with the trimmer motors and guitar strings.While the term “contraband” in its ordinary usage includes items such as drugs and deadly weapons, possessing those items is punishable as a felony under Texas Penal Code Section 38.11 as prohibited substances and items in a correctional facility, rather than as contraband.
WHAT IS THE CONTRABAND IN CORRECTIONAL FACILITY LAW IN TEXAS?
Tex. Penal Code § 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.
(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.
WHAT IS THE PENALTY CLASS FOR CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
Contraband in a correctional facility is a Class C misdemeanor, punishable by a maximum fine of $500. If the person is an employee or volunteer at the correctional facility, and provides contraband to an inmate, contraband in a correctional facility is a Class B misdemeanor, punishable by up to 180 days in county jail.
WHAT IS THE PUNISHMENT RANGE FOR CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
The punishment range for contraband in a correctional facility charged as a Class B misdemeanor is up to 180 days in jail, and a maximum $2,000 fine. A Class C misdemeanor carries a maximum fine of $500.
WHAT ARE THE PENALTIES FOR CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
A person charged with contraband in a correctional facility as a Class B misdemeanor may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years. The maximum period of deferred adjudication for a Class C misdemeanor is 180 days.
WHAT ARE THE DEFENSES TO CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
The statute does not authorize specific defenses to contraband in a correctional facility. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS?
The limitation period for contraband in a correctional facility is two years.
CONTRABAND IN CORRECTIONAL FACILITY IN TEXAS
Possessing contraband as an inmate in a correctional facility, or providing contraband to an inmate, is punishable as a misdemeanor in Texas. Contraband includes anything banned by jail and prison rules and regulations, except deadly weapons, drugs, and other items specifically forbidden by Penal Code Section 38.11, the law against prohibited substances and items in a correctional facility. The statute criminalizing contraband in a correctional facility punishes possessing ordinary, non-lethal items that inmates are not supposed to have without permission.
