Unlawful Installation of a Tracking Device

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Unlawful installation of a tracking device is knowingly installing an electronic or mechanical tracking device to a vehicle owned or lease by another, and is a Class A Misdemeanor.

Statute(s)

§ 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE.

(a) In this section:

     (1) "Electronic or mechanical tracking device" means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.

     (2) "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.

(b) A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.

(c) An offense under this section is a Class A misdemeanor.

(d) It is an affirmative defense to prosecution under this section that the person:

     (1) obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed;

     (2) assisted another whom the person reasonably believed to be a peace officer authorized to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or
     (3) was a private investigator licensed under Chapter 1702, Occupations Code, who installed the device:
           (A) with written consent:
                 (i) to install the device given by the owner or lessee of the motor vehicle; and
                 (ii) to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the         property; or
           (B) pursuant to an order of or other authorization from a court to gather information.

(e) This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.

Added by Acts 1999, 76th Leg., ch. 728, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.828, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1122, Sec. 1, eff. September 1, 2009.

Caselaw

Collateral Consequences

Notes

The statute gives affirmative defenses for consensual installation, for installation with a court authorization, for reasonable cooperation with peace officers, and for private investigators, with written consent from the owner or lessee of the vehicle.
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