Deadly Weapon in a Penal Institution

Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.

“Deadly Weapon in a Penal Institution”, as per § 46.10 of the Texas Penal Code, occurs when a person, while confined in a penal institution, he intentionally, knowingly, or recklessly:

  • carries on or about his person a deadly weapon; or
  • possesses or conceals a deadly weapon in the penal institution.

It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.

A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.

An offense under this section is a felony of the third degree.

Punishment Range

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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