Modern life is full of things that did not exist even 20 years ago. Many of these things, such as smartphones, social media, and other electronic devices and services, make it easy to keep track of someone else’s movements. On social media, for instance, many people voluntarily put up posts telling the world where they are and what they are doing, usually with photos as well as text. Some people do this constantly. With Facebook, Instagram, and Twitter, there are people you can track virtually every moment of their day. This is legal, of course, because you are simply monitoring posts that person puts up voluntarily. However, modern life also has provided us with means to track a person’s whereabouts in ways that are not always legal.
Tracking Devices are Readily Available But a Legal Risk
It is easy to obtain a device that allows you to track the movements of a person in an automobile, but it is just as easy to run afoul of Texas state law if you do so. A tracking device is defined as any device capable of sending out an electronic or other signal enabling a person to identify and track a particular vehicle. In fact, installing such a device on a vehicle you do not own without the consent of the owner is a violation of the law. You must have the explicit consent – being given permission to install the device – or implied consent, like selling someone a car with GPS or some other tracker, the buyer knows the tracker is installed, and does not object. Even without consent, you must know the device is considered a tracking device. Violating this statute is a Class A misdemeanor, punishable by up to a year in jail, a fine of up to $4,000, or both.
However, there are affirmative defenses available – three of them, in fact – that might apply if you are charged with illegally installing a tracking device. They are:
- Consent of the owner or lessee of the vehicle
- You helped someone install the device and reasonably believed that person was a law enforcement officer with legal authorization to do so. Even if the person was not law enforcement or did not have proper authorization, it is sufficient that you reasonably believed these things to be true.
- The device was installed by a licensed private investigator with court authorization or written permission from the owner or lessee of the vehicle. This most normally would apply if someone is trying to keep track of a spouse’s or child’s vehicle, either with permission or for reasons that convince the court to authorize the installation.
Have You Been Charged With Illegally Installing a Tracking Device in Houston?
If you are facing this charge, a criminal defense attorney can help you. No one wants to spend a year in jail or pay a $4,000 fine, and certainly not both. Talk to an attorney to learn what your options are, including the possible availability of affirmative defenses. If you have been charged in the Houston area with illegally installing a tracking device, contact the Madrid Law Firm and find out how they can help.
