1. (1)

   1. (a) As used in this section:

      1. (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
      2. (ii) "Dangerous weapon" means the same as that term is defined in Section 76-11-101.
      3. (iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3.
      4. (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
      5. (v) "Secure area" means the same as that term is defined in Section 76-8-311.1.
   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 prohibited item by offender or detainee in correctional or mental health facility if the actor:

   1. (a)

      1. (i) is an offender at a correctional facility; or
      2. (ii) is a detainee at a mental health facility; and
   2. (b) possesses a dangerous weapon, ammunition, or an implement of escape.
3. (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second degree felony.
4. (4) The defenses provided in Section 76-8-311.3 apply to this section.

Amended by Chapter 208, 2025 General Session