(a) A person commits the offense of absconding if the person knowingly:
(1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction;
(2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a:
(A) Court of competent jurisdiction; or
(B)
(i) Sheriff or his or her designee.
(ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or
(3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve.
(b) The offense of absconding is a Class D felony.