76-8-311.11. Prohibited communication device in a correctional facility.
(1) As used in this section: "Communication device" means the same as that term is defined in Section. 76-8-311.3 "Correctional facility" means the same as that term is defined in Section. 76-8-311.3 "Offender" means the same as that term is defined in Section. 76-8-311.3 Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(2) An actor commits prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility: knowingly transports a communication device into the correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility; provides or sells a communication device to an offender in the correctional facility; is an offender; and possesses a communication device in the correctional facility; or subject to Subsection (4), is an individual other than an offender; and knowingly possesses a communication device at the correctional facility.
(3) A violation of Subsection (2)(a), (b), or (c) is a third degree felony. A violation of Subsection (2)(d) is a class A misdemeanor.
(4) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (2)(d) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device. A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).