Contraband in Correctional Facility text over Texas flag background Contraband in Correctional Facility | Criminal Law Guide
Contraband in Correctional Facility text over Texas flag background

Contraband in Correctional Facility

The Contraband in Correctional Facility crime in the state of Texas makes it illegal to provide contraband to an inmate or and for inmates to possess contraband in a correctional facility. Contraband means practically anything prohibited by staff at the correctional facility, but does not include prohibited substances (like alcohol, weapons, cell phones and drugs) that you could be prosecuted for under a different law called “Prohibited Substances and Items in Correctional Facility.” Learn more detailed information about the Contraband in Correctional Facility offense below.

Contraband also includes items that would not ordinarily be contraband but have been modified to be used in a manner that would make them contraband.

Have you been charged with Contraband in Correctional Facility? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.

Contraband in Correctional Facility is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration”, Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Contraband in Correctional Facility?

The current Texas law is as follows:1

(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.

Contraband, for the purposes of this offense, means “(A) any item not provided by or authorized by the operator of the correctional facility; or (B) 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” but “does not include any item specifically prohibited under Section 38.11.”2

How can I be charged with Contraband in Correctional Facility?

You can be charged with Contraband in Correctional Facility if the state’s attorneys believe that each of the elements of 38.114(a) as described in the section above have been met.

What is the punishment for Contraband in Correctional Facility?

A conviction for Contraband in Correctional Facility is punished as a Class C misdemeanor,3 with a maximum possible fine under Texas state law of up to $500, unless commited by an employee or volunteer at the correctional facility.

If the offense is committed by an employee or volunteer at the correctional facility, then a conviction for Contraband in Correctional Facility is punished as a Class B misdemeanor,3 with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Penal Code §38.114.

2 Texas Penal Code §38.114(b)

3 Texas Penal Code §38.114(c)

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