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Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2020 bottom

  198.632.  Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. — 1.  A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with sections 198.610 to 198.632 or who destroys or corrupts any data collected by the device is guilty of a class B misdemeanor.

  2.  Evidence that the person had the consent of the resident or the resident's guardian or legal representative to engage in the conduct described in subsection 1 of this section shall be an affirmative defense to any prosecution brought under the provisions of subsection 1 of this section.

  3.  A person other than a resident of the facility who, without authorization, places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the unauthorized placement of the device in the room of a resident is guilty of a class B misdemeanor if the person continues the conduct after a written warning to cease and desist from that conduct.

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(L. 2020 H.B. 1387 & 1482)


---- end of effective   28 Aug 2020 ----

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