Current through the 2024 Fourth Special Session
Section 76-8-311.10 - Possession of contraband in a correctional facility(1)(a) As used in this section:(i) "Contraband" means an item not specifically prohibited for possession by an offender under this section or Section 76-8-311.3, 76-8-311.4, 76-8-311.6, 76-8-311.7, 76-8-311.8, or 76-8-311.9.(ii) "Correctional facility" 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 possession of contraband in a correctional facility if the actor, without the permission of the authority operating a correctional facility, knowingly engages in an activity that would facilitate the possession of contraband by an offender in the correctional facility.(3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B misdemeanor.(4)(a) The possession, distribution, or use of a controlled substance at a correctional facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled Substances Act.(b) The provisions of Section 76-8-311.9 take precedence over this section.(c) The defenses provided in Section 76-8-311.3 apply to this section.Added by Chapter 96, 2024 General Session ,§ 57, eff. 5/1/2024.