1. (1)

   1. (a) As used in this section:

      1. (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.
      2. (ii) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2. (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. (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B misdemeanor.

4. (4)

   1. (a) The possession, distribution, or use of a controlled substance at a correctional facility shall be prosecuted in accordance with Chapter 18, Part 2, Offenses Concerning Controlled Substances.
   2. (b) The provisions of Section 76-8-311.9 take precedence over this section.
   3. (c) The defenses provided in Section 76-8-311.3 apply to this section.

Amended by Chapter 362, 2026 General Session