Utah statute

Utah Code Ann. § 76-8-311.8 — Prohibited substance in correctional or mental health facility.

Current through 2026 General Session

Part of Part 3: Obstructing Governmental Operations, Utah Code.

Criminal charges under this statute

Prohibited substance in correctional or mental health facility

Full text of Utah Code Ann. § 76-8-311.8

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-8-311.8Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3. (1)(a)(ii) "Medicine" means the same as that term is defined in Section 76-8-311.3. (1)(a)(iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3. (1)(a)(iv) "Offender" means the same as that term is defined in Section 76-8-311.3. (1)(a)(v) "Prohibited substance" means: (1)(a)(v)(A) spirituous or fermented liquor; (1)(a)(v)(B) medicine, whether or not lawfully prescribed for an offender or a detainee; or (1)(a)(v)(C) poison in any quantity. (1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits prohibited substance in a correctional or mental health facility if the actor: (2)(a) without the permission of the authority operating the correctional facility or secure area of a mental health facility: (2)(a)(i) knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or (2)(a)(ii) fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility; (2)(b) knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or (2)(c)(i) is a detainee in a mental health facility or an offender; and (2)(c)(ii) in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy. (3)(a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony. (3)(b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor. (4) The defenses provided in Section 76-8-311.3 apply to this section.

Official sources

Legal terms used in this section

Questions this section answers

Is prohibited substance in correctional or mental health facility a felony or a misdemeanor in Utah?

It depends on the circumstances: prohibited substance in correctional or mental health facility ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-8-311.8.

Knowingly transporting a prohibited substance to/within a correctional facility or secure mental health area: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Providing or selling a prohibited substance to an offender or detainee: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Offender or detainee possessing a prohibited substance: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Failure to declare or knowing possession of a prohibited substance at facility: Class A Misdemeanor (Utah Code Ann. § 76-8-311.8(3)(b))

Which Utah statute covers prohibited substance in correctional or mental health facility?

Prohibited substance in correctional or mental health facility is governed by Utah Code Ann. § 76-8-311.8 (Prohibited substance in correctional or mental health facility).

This reference is informational and is not legal advice.