The Texas offense of Tampering With Electronic Monitoring Device gives police the right to arrest you if they believe you removed or helped remove an ankle montitor or any other kind of court-ordered electronic monitor. This a brand new law for 2023.
TAMPERING WITH ELECTRONIC MONITORING DEVICE ATTORNEY FAQs
This law was passed in response to a number of attention-grabbing headlines about people committing crimes while being subject to ankle monitor restrictions.
Have you been charged with Tampering With Electronic Monitoring Device? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Ankle monitors and electronic monitoring have been a staple of the criminal justice system for many years due to the overcrowding of jails and increasing expenses related to housing inmates. It is significantly cheaper for counties to put people on electronic monitoring than it is to keep them in jail – especially when the cost is passed on to those who are being monitored. Learn more about the Tampering With Electronic Monitoring Device offense below.
What is the current Texas law about Tampering With Electronic Monitoring Device?
The current Texas law defines the offense of Tampering With Electronic Monitoring Device in Penal Code Section §38.112 as follows:[1]
(a) A person who is required to submit to electronic monitoring of the person’s location as part of an electronic monitoring program under Article 42.035, Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, or release on bail commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person’s location.
This offense was created by the 88th Texas Legislature in 2023,[2] effective September 1, 2023.[3]
How can I be charged with Tampering With Electronic Monitoring Device?
You can be charged with Tampering With Electronic Monitoring Device if the state’s attorneys believe that each of the elements of 38.112 as described in the section above have been met.
What is the punishment for Tampering With Electronic Monitoring Device?
Tampering With Electronic Monitoring Device is punished as a state jail felony or third degree felony, depending on the circumstances.[4]
Legal References:
^1. Texas Penal Code §38.112^2. SB 1004, 88th Texas Legislature (RS), Section 1^3. SB 1004, 88th Texas Legislature (RS), Section 3^4. Texas Penal Code §38.112(b)
