Deadly Weapon in Penal Institution: Texas Penal Code §46.10

The Texas Deadly Weapon in Penal Institution law makes it illegal to carry or conceal a deadly weapon while in prison or any other penal institution in Texas.

This law allows prosecutors to criminally charge inmates of penal institutions who carry or coceal shanks, firearms, or other deadly weapons. These criminal charges would come in addition to penalties prescribed by the facility, and convictions might result in increased prison sentences.

The Texas legislature codified this criminal offense in Texas Penal Code Section 46.10. The law was not updated in 2023. In fact, this law has not been amended since its enactment in 1985.

The Penal Code classifies the Texas Deadly Weapon in Penal Institution law under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.” Learn more about the Texas offense of Deadly Weapon in Penal Institution below.

What is the current Texas law about Deadly Weapon in Penal Institution?

The current Texas law defines the offense of Deadly Weapon in Penal Institution in Penal Code Section §46.10 as follows:^[1]

(a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:

(1) carries on or about his person a deadly weapon; or

(2) possesses or conceals a deadly weapon in the penal institution.

How can I be charged with a Deadly Weapon in Penal Institution offense in Texas?

You can be charged with Deadly Weapon in Penal Institution in Texas if the state’s attorneys believe that each of the elements of 46.10(a) as described in the section above have been met.

What is the statute of limitation for Deadly Weapon in Penal Institution in Texas?

Deadly Weapon in Penal Institution offenses have a three-year limitations period.^[2]

What is the penalty for a Texas Deadly Weapon in Penal Institution offense?

A conviction for Deadly Weapon in Penal Institution in Texas is punished as a felony of the third degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors here.

In addition, prosecutors may seek a one-classification level enhancement for Chapter 46 offenses under the Weapon-Free School Zone Law by proving beyond a reasonable doubt that you committed the offense in a place that you knew was within 300 feet of the premises of a school or at an official school function or game.^[4]

Can you get probation for Deadly Weapon in Penal Institution in Texas?

The Texas Code of Criminal Procedure does not specifically prohibit judges and juries from granting probation for Deadly Weapon in Penal Institution or judges from accepting 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 Deadly Weapon in Penal Institution in Texas?

The Penal Code classifies Deadly Weapon in Penal Institution as a third degree felony.

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

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Legal References:

^1. Texas Penal Code §46.10. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §46.10(d)^4. §46.11, Texas Penal Code^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