39-16-201 - Introduction or possession of weapons, explosives, intoxicants or drugs into a penal institution where prisoners are quartered.
39-16-201. Introduction or possession of weapons, explosives, intoxicants or drugs into a penal institution where prisoners are quartered.
(a) As used in this section, unless the context otherwise requires, telecommunication device means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. Telecommunication device shall include, but not be limited to, cellular phones, digital phones and modem equipment devices.
(b) It is unlawful for any person to:
(1) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any weapons, ammunition, explosives, intoxicants, legend drugs, or any controlled substances found in chapter 17, part 4 of this title;
(2) Knowingly possess any of the materials prohibited in subdivision (b)(1) while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution; or
(3) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device.
(c) A violation of subdivision (b)(1) or (b)(2) is a Class C felony. A violation of subdivision (b)(3) is a Class E felony.
[Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1-3.]