Installing a Tracking Device or Tracking Application Is Now a Felony

One of the things that we see in the law is that as technology improves, the Florida legislature has to respond to changes in technology and create new laws. In this article, the best criminal defense attorneys in Clearwater discuss the crime of Unlawful Installation of a Tracking Device.

What Constitutes Unlawful Installation or Use of a Tracking Device or Tracking Application

Under Florida Statute 934.425, it is unlawful for a person to place a tracking device or a tracking application on another person’s property. This unlawful conduct could include putting an “air tag” on someone’s vehicle, or adding a “tracking app” to their phone or ipad without their consent. 

Are There Any Exceptions to the Prohibition Against Installing a Tracking Device or Tracking Application?

Installing a tracking device or tracking application is not, in and of itself, a criminal offense. When the legislature crafted the law, they recognized that there are legitimate uses for such devices or applications and carved out several exceptions to the general prohibition. These include the following:

• Law enforcement agencies may do so when lawful (for example, when a warrant is granted for such purposes)
• A parent can put a tracking device or tracking application on a child if,
  • The two parents are together
  • The parent has sole custody of the child
  • Both parents consent to the tracking device
• A caregiver for an elderly adult may place a tracking device on the elderly adult if a physician certifies that it is in the adult’s best interest
• Consent. Spouses or friends are permitted to consent to such conduct – such as a husband and wife “sharing” their locations via an iPhone.
• A person acting in good faith for a business entity for a legitimate business purpose. For example, a tracking application for a “clock in” software.
• A person may place a tracking device on his or her own vehicle, provided that the tracking device is removed before its sale or divestiture. 

What Are the Potential Penalties for Committing Unlawful Installation of a Tracking Device or Application?

When the legislature first passed this bill in 2005, the offense was classified as a second degree misdemeanor, or the lowest level criminal offense in Florida. A second degree misdemeanor is punishable by up to 60 days in county jail, or six months of probation. However, as the technology improved and became more widely available, the legislature, again, responded to the prevalence of this offense and amended the statute to make this offense a third degree felony. This means that a person who commits this offense is subject to up to five years in state prison.

Contact Our Top Rated Pinellas County Criminal Defense Attorneys Today

If you or a loved one has been charged with Unlawful Installation of a Tracking Device in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, we are lawyers that can help. In some cases, our early intervention may result in the charge being dismissed. In others, we may be able to achieve a dismissal through participation in a diversion program.

Do not go it alone. This offense can carry serious and lifelong consequences. Call our office at 727-855-3847 to schedule a free consultation today.

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