(a) A person commits the crime of bail jumping in the third degree if, having been lawfully released from custody, with or without bail, upon condition that he or she is subject to electronic monitoring, he or she violates any condition of his or her court ordered electronic monitoring. (b) It is a defense to prosecution under this section that the defendant’s violation was unintentional or was unavoidable and due to circumstances beyond his or her control. The burden of injecting the defense of an unintentional violation, or unavoidability and circumstances beyond his or control, is on the defendant. (c) Bail jumping in the third degree is a Class C misdemeanor.
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