(a) Intentional tampering with, removal of, or vandalism to a device issued pursuant to a location tracking and crime correlation based monitoring and supervision program described in § 40-39-302 by a person duly enrolled in the program is a Class A misdemeanor for the first offense, punishable by confinement in the county jail for not less than one hundred eighty (180) days. The minimum one hundred eighty-day sentence provided for this Class A misdemeanor offense is mandatory, and no person committing the offense shall be eligible for suspension of sentence, diversion, or probation until the minimum sentence is served in its entirety. A second or subsequent violation under this section is a Class E felony. Additionally, if the person violating this section is on probation, parole or any other alternative to incarceration, then the violation shall also constitute sufficient grounds for immediate revocation of probation, parole or other alternative to incarceration. Any violation of this section shall result in the imposition of the mandatory release condition specified in § 40-39-303(a) and (b).
Attorney's Note
Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class E felony | 1 to 6 years | up to $3,000 |
| class A misdemeanor | up to 11 months | up to $2,500 |
For details, see
Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 40-39-304
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
