Which action constitutes the Deadly Weapon in Penal Institution offense when occurring inside the penal institution?

• A. Carrying on or about one's person a deadly weapon while confined.
• B. Carrying a deadly weapon into the penal institution by a visitor.
• C. Possessing a deadly weapon in the parking lot.
• D. Carrying a weapon outside the penal institution.

Answer: (A)

The action tested is possession of a deadly weapon inside the penal institution by someone who is confined there. The offense criminalizes carrying on or about one’s person a deadly weapon while confined within the penal institution, meaning the weapon must be in the person’s immediate control inside the facility.

Carrying a deadly weapon on or about one’s person while confined fits all the elements: the weapon is deadly, the actor is inside the institution, and the weapon is being carried.

The other options don’t meet the inside-the-institution requirement: bringing a weapon into the facility by a visitor involves someone outside the institution introducing it, not a person who is confined inside; possessing a deadly weapon in the parking lot or carrying a weapon outside the penal institution occurs outside the facility, so they don’t satisfy the “inside the penal institution” element.