212.220 - Penalties for absence without authorization or tampering with electronic device; restitution.

212.220  Penalties for absence without authorization or tampering with electronic device; restitution.

      1.  Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

Ê is guilty of a gross misdemeanor.

      2.  A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

Ê is guilty of a misdemeanor.

      3.  In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.

      4.  A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.

      (Added to NRS by 1997, 1225)