Deadly Weapon in Penal Institution

Texas Criminal Law

The Deadly Weapon in Penal Institution crime in the state of Texas makes it illegal to carry a deadly weapon while in prison. Learn more detailed information about the Deadly Weapon in Penal Institution offense below.

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Deadly Weapon in Penal Institution is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.”

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 Deadly Weapon in Penal Institution?

You can be charged with Deadly Weapon in Penal Institution 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 punishment for Deadly Weapon in Penal Institution?

A conviction for Deadly Weapon in Penal Institution is punished as a felony of the third degree,[2] 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


Legal References:

^1. Texas Penal Code §46.10^2. Texas Penal Code §46.10(d)


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