Possession of prohibited item by offender or detainee in correctional or mental health facility.

(1) (a) As used in this section: (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3. (ii) "Dangerous weapon" means the same as that term is defined in Section 76-11-101. (iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3. (iv) "Offender" means the same as that term is defined in Section 76-8-311.3. (v) "Secure area" means the same as that term is defined in Section 76-8-311.1. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits possession of prohibited item by offender or detainee in correctional or mental health facility if the actor: (a) (i) is an offender at a correctional facility; or (ii) is a detainee at a mental health facility; and (b) possesses a dangerous weapon, ammunition, or an implement of escape. (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second degree felony. (4) The defenses provided in Section 76-8-311.3 apply to this section.