Florida criminal charge
Tampering with an electronic monitoring device in Florida
Tampering with an electronic monitoring device is a criminal offense under Florida law, defined by Fla. Stat. § 843.23. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 843.23.
How is tampering with an electronic monitoring device classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Tampering — underlying misdemeanor or third degree felony | Felony of the Third Degree | The person who must wear or use the electronic monitoring device is charged with or serving a sentence for a misdemeanor or a third degree felony. | Fla. Stat. § 843.23(3)(a) |
| Tampering — underlying second degree felony | Felony of the Second Degree | The person who must wear or use the electronic monitoring device is charged with or serving a sentence for a second degree felony. | Fla. Stat. § 843.23(3)(b) |
| Tampering — underlying first degree felony, life felony, or capital felony | Felony of the First Degree | The person who must wear or use the electronic monitoring device is charged with or serving a sentence for a first degree felony, a first degree felony punishable by a term of years not exceeding life, a life felony, or a capital felony. | Fla. Stat. § 843.23(3)(c) |
| Tampering by a minor | Felony of the Third Degree | The person who violates this section is under 18 years of age, regardless of the underlying offense classification. | Fla. Stat. § 843.23(4) |
Common questions about tampering with an electronic monitoring device in Florida
Is tampering with an electronic monitoring device a felony or a misdemeanor in Florida?
It depends on the circumstances: tampering with an electronic monitoring device ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 843.23.
Tampering — underlying misdemeanor or third degree felony: Felony of the Third Degree (Fla. Stat. § 843.23(3)(a)) · Tampering — underlying second degree felony: Felony of the Second Degree (Fla. Stat. § 843.23(3)(b)) · Tampering — underlying first degree felony, life felony, or capital felony: Felony of the First Degree (Fla. Stat. § 843.23(3)(c)) · Tampering by a minor: Felony of the Third Degree (Fla. Stat. § 843.23(4))
Which Florida statute covers tampering with an electronic monitoring device?
Tampering with an electronic monitoring device is governed by Fla. Stat. § 843.23 (Tampering with an electronic monitoring device).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.