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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. |
