REMOVAL OF ELECTRONIC MONITORING DEVICE - ELEMENTS
No person may be convicted of the removal of an electronic monitoring device unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the person was charged with a felony/misdemeanor;
Second, the person was (admitted to bail)/(released on recognizance/bond/undertaking for appearance before a magistrate/court);
Third, the person was required to wear an electronic monitoring device on the person’s body as a condition of bail/release; and
Fourth, the person removed the electronic monitoring device without authorization from the court.
Statutory Authority: 22 O.S. 2011, § 444(D).