Possession of a Cell Phone by Inmate in Texas Prison - Texas Penal Code Section 38.11

(This post only quotes Subsection J of 38.11, dealing with cell phones)

§ 38.11. Prohibited Substances and Items in Adult or Juvenile Correctional or Detention Facility or on Property of Texas Department of Criminal Justice or Texas Youth Commission

            (j) A person commits an offense if the person while an inmate of a correctional facility operated by or under contract with the Texas Department of Criminal Justice or while in the custody of a secure correctional facility or secure detention facility for juveniles possesses a cellular telephone or other wireless communications device or a component of one of those devices.

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Comments (4) Read through and enter the discussion with the form at the end
dominic - October 29, 2008 12:01 PM

what if any, is the defense for poss of a cell phone with no insides- (not working)

Jamie - October 29, 2008 2:14 PM


I wasn't aware that was a crime, and therefore that it needed a defense...


(More info neccessary. Did you or someone you know get charged with that, and if so where?)

Mike - December 27, 2008 1:15 AM

I was wondering, the news articles on this lately seemed to indicate they arrested the owner of the cell phone. I was wondering what they would get charged with.

Annonymous - July 10, 2009 1:48 AM

They get charged because it is illegal. An inmate having a cell phone could cause numerous issues. I used to work at a prison. Inmates had cell phones illegally all of the time and when we would confiscate them...there would be text messages to employees and also to other outside people asking to bring contraband in for them. They would also harass employees and their families while they were in the facility to get them to bring things in for them. It is a major tool for them. Lets please remember that they lost their rights when they became inmates and they are a threat to our society or they wouldnt have been put behind bars. Thanks

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