Accused of Unlawful Installation of Tracking Device?


handcuffsandmouseLess Common Crimes in Houston

Unlawful Installation of a Tracking Device is a serious misdemeanor offense.  If convicted, a person could be sent to jail for up to one year.  A person charged with such an offense, or any criminal offense, should contact a criminal defense lawyer.

If you are accused of a crime in Harris County, contact Houston Criminal Lawyer James Sullivan (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.

Texas Penal Code, Section 16.06 – Unlawful Installation of Tracking Device

CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
§ 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)  was 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;
(3)  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
(4)  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.

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