Tennessee § 39-16-201 - Introduction or possession of weapons, ammunition, explosives, intoxicants, legend drugs, or controlled substances or controlled substance analogues into penal institution.

§ 39-16-201. Introduction or possession of weapons, ammunition, explosives, intoxicants, legend drugs, or controlled substances or controlled substance analogues into penal institution.

As used in this section, unless the context otherwise requires, “telecommunication device” means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. “Telecommunication device” shall include, but not be limited to, cellular phones, digital phones and modem equipment devices. It is unlawful for any person to: Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision: Any weapon, ammunition, or explosive; Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or Any telecommunication device; or Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution: Any weapon, ammunition, or explosive; or Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title. A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony. A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony. Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1-3; 2012, ch. 848, § 15; 2019, ch. 486, § 7. Amendments. The 2019 amendment, in (b)(1), inserted a comma following “send”, and substituted the colon at the end for “any weapons, ammunition, explosives, intoxicants, legend drugs, or any controlled substances or controlled substance analogues found in chapter 17, part 4 of this title;”; added (b)(1)(A)–(b)(1)(C); in (b)(2), inserted “and with unlawful intent”, and substituted “following materials while” for “materials prohibited in subdivision (b)(1)”; added (b)(2)(A)–(B); deleted former (b)(3), which read: “Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device.”; in (c)(1), substituted “(b)(1)(A) or (b)(2)(A)” for “(b)(1) or (b)(2)”; and in (c)(2), substituted “(b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D” for “(b)(3) is a Class E”. Effective Dates. Acts 2019, ch. 486, § 15. July 1, 2019. Cross-References. Penalties for Class C and Class D felonies, § 40-35-111 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.95.