Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 46. WEAPONS
Texas Codes

Tex. Penal Code § 46.10 (2026)

Deadly Weapon In Penal Institution

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Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:

(1) carries on or about his person a deadly weapon; or

(2) possesses or conceals a deadly weapon in the penal institution.

(b) 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.

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

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

Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 1995–2026 · leading case: Romero v. State, 331 S.W.3d 82 (Tex. App.—Houston [14th Dist.] 2010).
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Romero v. State, 331 S.W.3d 82 (Tex. App.—Houston [14th Dist.] 2010). · cites it 4× “See Tex. Penal Code Ann. § 46.10 (Vernon 2003).”
United States v. Zuniga, 553 F.3d 1330 (10th Cir. 2009). · cites it 4× “Zuniga and the government concurred that one of the convictions— possession of a deadly weapon in a penal institution, a violation of Tex. Penal Code Ann. § 46.10 — did not qualify as a predicate violent felony under the ACCA.”
Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011). · cites it 2× “Tex. Pen. Code § 46.10 6. The record does not contain a transcript of any hearings held to discuss these questions; thus we cannot be certain as to which of the court's responses matched up to which question.”
United States v. Rodriguez-Jaimes, 481 F.3d 283 (5th Cir. 2007). · cites it 2× “2(a)(l) be *286 cause the statute under which Rodriguez-Jaimes was convicted, Texas Penal Code § 46.10, 2 does not have “as an element the use, attempted use, or threatened use of physical force against the person of another.”
Ramirez v. State, 897 S.W.2d 428 (Tex. App.—El Paso 1995). · cites it 2× “11(a)(2) provides that a person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly possesses or conceals a deadly weapon in the penal institution.”
Armando Iglesias v. State, 564 S.W.3d 461 (Tex. App.—El Paso 2018). · cites it 2× “On appeal, Appellant presents two issues, first challenging the sufficiency of the evidence to support the deadly-weapon element of the offense, and then contending that the trial court erred when it admitted Appellant’s out-of-court statements as evidence.”
Tamez v. State, 27 S.W.3d 668 (Tex. App.—Waco 2000). “See Tex. Pen.Code Ann. § 46.10(a)(2) (Vernon 1994).”
Thompson v. State, 94 S.W.3d 11 (Tex. App.—Houston [14th Dist.] 2002). “See Tex. Pen.Code Ann. § 46.10. In three related points, he claims that his trial counsel’s representation of both appellant and a prior client created an actual conflict of interest and denied appellant effective assistance of counsel.”
Gonzales v. State, 2 S.W.3d 600 (Tex. App.—Texarkana 1999). “) (holding the defense of necessity is available as a matter of law to a defendant in a prosecution under Tex. Pen.Code Ann. § 46.10 (Vernon 1994)).”
Rivera v. State, 948 S.W.2d 365 (Tex. App.—Beaumont 1997). · cites it 2× “Tex. Pen.Code Ann. § 46.10' (Vernon 1994).”
Alonzo v. State, 328 S.W.3d 19 (Tex. App.—Corpus Christi 2011). “See Tex. Penal Code Ann. § 46.10 (a). To prove possession, the State had to show that the accused exercised actual care, control, or custody of the weapon and was *29 conscious of his or her connection with it.”
Garcia v. State, 972 S.W.2d 848 (Tex. App.—Beaumont 1998). “Tex.Pen.Code Ann. § 46.10 (Vernon 1994). On appeal Garcia complains (1) the State’s evidence did not rebut beyond a reasonable doubt his claim to justification by necessity and (2) the trial court erred in failing to instruct the jury on the defense of necessity.”
Show all 33 citing cases →
Tex. Penal Code § 46.10(a)(1): 1 case
Austin Michael Jorjorian v. State of Texas, No. 11-23-00206-CR (Tex. App.—Eastland Feb. 21, 2025).
Tex. Penal Code § 46.10(a)(2): 2 cases
Ramirez v. State, 897 S.W.2d 428 (Tex. App.—El Paso 1995). “11(a)(2) provides that a person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly possesses or conceals a deadly weapon in the penal institution.”
Tamez v. State, 27 S.W.3d 668 (Tex. App.—Waco 2000). “See Tex. Pen.Code Ann. § 46.10(a)(2) (Vernon 1994).”
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