612.09 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF DETENTION FACILITIES OR OTHER INSTITUTIONS.
   (a)   No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution that is under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor, as defined in Section 612.01.
   (b)   Subsection (a) hereof does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities pursuant to the written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution.
   (c)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility or to any patient in an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor as defined in Section 612.01.
   (d)   No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility.
   (e)   It is an affirmative defense to a charge under subsection (c) hereof that the actor was not otherwise prohibited by law from delivering the item to the confined person or the patient and that either of the following applies:
      (1)   The actor was permitted by the written rules of the detention facility or the institution to deliver the item to the confined person or the patient.
      (2)   The actor was given written authorization by the person in charge of the detention facility or the institution to deliver the item to the confined person or the patient.
   (f)   Whoever violates subsection (a) or (c) hereof is guilty of a misdemeanor of the second degree and shall be subject to the penalty provided in Section 698.02. Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02, provided the offender has not previously been convicted of or pleaded guilty to a violation of subsection (d) hereof. (ORC 2921.36)