Utah criminal charge
Prohibited communication device in a correctional facility in Utah
Prohibited communication device in a correctional facility is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-311.11. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-8-311.11.
What is the penalty for prohibited communication device in a correctional facility in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Transporting communication device with intent to provide/sell to offender — Applies when the actor knowingly transports a communication device into the correctional facility with intent to provide or sell it to an offender, under Subsection (2)(a).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Transporting communication device with intent to provide/sell to offender — Applies when the actor knowingly transports a communication device into the correctional facility with intent to provide or sell it to an offender, under Subsection (2)(a).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Providing or selling communication device to offender — Applies when the actor provides or sells a communication device to an offender in the correctional facility, under Subsection (2)(b).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Providing or selling communication device to offender — Applies when the actor provides or sells a communication device to an offender in the correctional facility, under Subsection (2)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Offender possessing communication device — Applies when the actor is an offender who possesses a communication device in the correctional facility, under Subsection (2)(c).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Offender possessing communication device — Applies when the actor is an offender who possesses a communication device in the correctional facility, under Subsection (2)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Non-offender possessing communication device — Applies when the actor, being an individual other than an offender, knowingly possesses a communication device at the correctional facility, under Subsection (2)(d), subject to the posted-sign requirement in Subsection (4).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Non-offender possessing communication device — Applies when the actor, being an individual other than an offender, knowingly possesses a communication device at the correctional facility, under Subsection (2)(d), subject to the posted-sign requirement in Subsection (4).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is prohibited communication device in a correctional facility classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Transporting communication device with intent to provide/sell to offender | Third Degree Felony | Applies when the actor knowingly transports a communication device into the correctional facility with intent to provide or sell it to an offender, under Subsection (2)(a). | Utah Code Ann. § 76-8-311.11(3)(a) |
| Providing or selling communication device to offender | Third Degree Felony | Applies when the actor provides or sells a communication device to an offender in the correctional facility, under Subsection (2)(b). | Utah Code Ann. § 76-8-311.11(3)(a) |
| Offender possessing communication device | Third Degree Felony | Applies when the actor is an offender who possesses a communication device in the correctional facility, under Subsection (2)(c). | Utah Code Ann. § 76-8-311.11(3)(a) |
| Non-offender possessing communication device | Class A Misdemeanor | Applies when the actor, being an individual other than an offender, knowingly possesses a communication device at the correctional facility, under Subsection (2)(d), subject to the posted-sign requirement in Subsection (4). | Utah Code Ann. § 76-8-311.11(3)(b) |
Common questions about prohibited communication device in a correctional facility in Utah
Is prohibited communication device in a correctional facility a felony or a misdemeanor in Utah?
It depends on the circumstances: prohibited communication device in a correctional facility ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-8-311.11.
Transporting communication device with intent to provide/sell to offender: Third Degree Felony (Utah Code Ann. § 76-8-311.11(3)(a)) · Providing or selling communication device to offender: Third Degree Felony (Utah Code Ann. § 76-8-311.11(3)(a)) · Offender possessing communication device: Third Degree Felony (Utah Code Ann. § 76-8-311.11(3)(a)) · Non-offender possessing communication device: Class A Misdemeanor (Utah Code Ann. § 76-8-311.11(3)(b))
What are the penalties for prohibited communication device in a correctional facility in Utah?
Penalties for prohibited communication device in a correctional facility in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers prohibited communication device in a correctional facility?
Prohibited communication device in a correctional facility is governed by Utah Code Ann. § 76-8-311.11 (Prohibited communication device in a correctional facility).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.