§ 24-13-425 — Tampering with the operation of an electronic monitoring device; penalty.

(A) For the purposes of this section, "electronic monitoring device" includes any device ordered by a court or pursuant to any statute that is utilized to track the location of a person. (B) It is unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is: (1) complying with the Home Detention Act as set forth in Article 15, Title 24; (2) wearing an electronic monitoring device as a condition of bond or pretrial release; (3) wearing an electronic monitoring device as a condition of probation, parole, or community supervision; or (4) wearing an electronic monitoring device as required by any other provision of law. (C) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (B). (D) This section does not apply to an employee or agent of the electronic monitoring company, bonding company, or law enforcement entity who removes or replaces an active electronic monitoring device in order to perform maintenance and repair on the device, who removes and replaces a non-working device, who removes the device once the person is placed into secure custody or if the underlying charges have been dismissed, or who otherwise is acting under the authority of the court order. (E) Any person who violates the provisions of this section shall be guilty of the misdemeanor offense of tampering with the operation of an electronic monitoring device and shall be imprisoned for not more than three years, or fined up to three thousand dollars, or both.

Legislative History

HISTORY: 2014 Act No. 186 (S.440), SECTION 2, eff June 2, 2014; 2023 Act No. 83 (H.3532), SECTION 9, eff June 20, 2023. Effect of Amendment 2023 Act No. 83, SECTION 9, rewrote (A); inserted (D); and redesignated former (D) as (E).