Prohibited communication device in a correctional facility

(1) (a) As used in this section: (i) "Communication device" means the same as that term is defined in Section 76-8-311.3. (ii) "Correctional facility" means the same as that term is defined in Section 76-8-311.3. (iii) "Offender" means the same as that term is defined in Section 76-8-311.3. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility: (a) knowingly transports a communication device into the correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility; (b) provides or sells a communication device to an offender in the correctional facility; (c) (i) is an offender; and (ii) possesses a communication device in the correctional facility; or (d) (i) subject to Subsection (4), is an individual other than an offender; and (ii) knowingly possesses a communication device at the correctional facility. (3) (a) A violation of Subsection (2)(a), (b), or (c) is a third degree felony. (b) A violation of Subsection (2)(d) is a class A misdemeanor. (4) (a) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (2)(d) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device. (b) A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).