Penalties for absence without authorization or tampering with electronic device; restitution

1. Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who: (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person, Ê is guilty of a gross misdemeanor. 2. A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who: (a) Is absent or attempts to be absent from his or her residence, employment or other activity authorized by the supervising agency without authorization; or (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person, Ê is guilty of a misdemeanor. 3. In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person. 4. A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.