(a)(1) It is unlawful for a person who is required to wear a device while incarcerated or committed, while subject to a protection order, or while on pretrial release, presentence release, predisposition release, supervised release, probation, or parole to:
(A) Intentionally remove or alter the device, or to intentionally interfere with or mask or attempt to interfere with or mask the operation of the device;
(B) Intentionally allow any unauthorized person to remove or alter the device, or to intentionally interfere with or mask or attempt to interfere with or mask the operation of the device; or
(C) Intentionally fail to charge the power for the device or otherwise maintain the device’s battery charge or power.
(2) For the purposes of this subsection, the term “device” includes a bracelet, anklet, or other equipment with electronic monitoring capability or global positioning system or radio frequency identification technology.
(b) Whoever violates this section shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 180 days, or both.
(Dec. 10, 2009, D.C. Law 18-88, § 103, 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 8, 58 DCR 1174; June 11, 2013, D.C. Law 19-317, § 213(c), 60 DCR 2064; June 19, 2013, D.C. Law 19-320, § 101, 60 DCR 3390; Apr. 22, 2017, D.C. Law 21-280, § 4, 64 DCR 168.)
Section ReferencesThis section is referenced in § 23-581.
Effect of AmendmentsD.C. Law 18-377, in subsec. (a)(1), substituted “or commitment, or who is required to wear a device while incarcerated” for “or commitment”; and, in subsec. (a)(2), substituted “global positioning system or radio frequency identification” for “global positioning system”.
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (b).
The 2013 amendment by D.C. Law 19-320 added (a)(1)(C); and made related changes.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 2 of Tampering with a Detection Device Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-19, Mar. 15, 2017, 64 DCR 3057).
For temporary (90 days) amendment of this section, see § 2 of Tampering with a Detection Device Emergency Amendment Act of 2016. (D.C. Act 21-596, Jan. 4, 2017, 64 DCR 152).
For temporary (90 day) addition, see § 103 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) addition, see § 103 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 508 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 508 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary amendment of (a)(1), see § 101 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).
For temporary (90 days) amendment of this section, see § 101 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).
For temporary (90 days) amendment of this section, see § 213(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's NotesApplicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.