Contraband in Correctional Facility: Texas Penal Code §38.114

The Texas Contraband in Correctional Facility law 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.”

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.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.114. The law was not updated in 2023. In fact, this law has not been amended since 2007.

The Penal Code classifies the Texas Contraband in Correctional Facility law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Contraband in Correctional Facility below.

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

The current Texas law defines the offense of Contraband in Correctional Facility in Penal Code Section §38.114 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.

How can I be charged with a Contraband in Correctional Facility offense in Texas?

You can be charged with Contraband in Correctional Facility in Texas 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 statute of limitation for Contraband in Correctional Facility in Texas?

As a misdemeanor, Contraband in Correctional Facility charges have a two-year limitations period.^[2]

What is the penalty for a Texas Contraband in Correctional Facility offense?

A conviction for Contraband in Correctional Facility in Texas 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 in Texas is punished as a Class B misdemeanor,^[4] 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 here.

Can you get probation for Contraband in Correctional Facility in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Contraband in Correctional Facility, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[6]

What level of crime is Contraband in Correctional Facility in Texas?

The Penal Code classifies Contraband in Correctional Facility as either a Class B or Class C misdemeanor, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §38.114. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §38.114(c)^4. Texas Penal Code §38.114(c)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure