(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits unlawful absence after pretrial release if the actor:
(a) has been granted pretrial release by court order or by other lawful authority upon condition that the actor subsequently appear personally upon a charge of an offense; and
(b) fails without just cause to appear at the time and place that have been lawfully designated for the actor's appearance.
(3) A violation of Subsection (2) is:
(a) a third degree felony if the offense for which the actor failed to appear is a felony;
(b) a class B misdemeanor if the offense for which the actor failed to appear is a misdemeanor; or
(c) an infraction if the offense for which the actor failed to appear is an infraction.