Criminal defense across Denton County and Collin County

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.

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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

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 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069

Office locations

  • Denton office: 215 West Oak Street, Denton, TX 76201
  • McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
  • Plano office: 7200 Dallas Parkway, Plano, TX 75024

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