Unlawful Installation Of Tracking Device Or Application In Florida

Under Florida Statute 934.425, the crime of Unlawful Installation of a Tracking Device or Tracking Application happens when an individual installs a tracking device or monitoring software software on one other person's property without that person’s consent. A person could revoke their consent to the installation of the tracking device or tracking software utility at any time. Consent to the set up of the tracking device or Tagsley tracking card software program application is presumed revoked by operation of law should one of the parties file for divorce or an injunction against the opposite individual. Notably, because the statute is poorly written, it is only unlawful to put in a tracking device or tracking software program utility on one other particular person's property without consent. Because the statute doesn't truly make it unlawful to trace another individual without their consent, even if they previously consented to the set up but later revoked their consent. The crime of Unlawful Installation of Tracking Device or Tracking Application is a Second Degree Misdemeanor punishable by up to sixty (60) days in jail, six (6) months of probation, and a $500 effective.



A choose could sentence a person convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, however may impose a sentence as much as the statutory most of sixty days in jail. A person performing in good religion on behalf of a enterprise entity might set up a tracking device or tracking software program software for a legitimate enterprise purpose. Examples of a official enterprise objective could be the installation of web tracking cookies, GPS tracking software on electronics, or GPS tracking units on business vehicles. The owner or lessee of a motorized vehicle will not be required to acquire consent before putting in a tracking device or tracking software utility on a automobile they own or lease throughout their period of possession. Any criminal statute might be challenged as void for vagueness when it fails to provide enough discover of what conduct is prohibited due to its imprecision, thus inviting arbitrary and discriminatory enforcement. As at present written, section 934.425 solely applies to the preliminary installation of the tracking device or tracking utility.



However, the statute doesn't handle when an individual should take away the tracking device or tracking software program, whether or not a person should cease tracking another individual if consent to set up is revoked, or whether an individual can continue tracking someone that has filed for divorce or an injunction. Nevertheless, Tagsley tracker it doesn't take much imagination to see a person being arrested or prosecuted for refusing to remove a tracking device or Tagsley tracker monitoring software program or persevering with to trace someone regardless that one of many events filed for divorce or an injunction. In such prosecution, an individual ought to transfer to dismiss the fees arguing that the statute does not specifically prohibit such actions and to the extent the statute was meant to prohibit such activities, it's void for vagueness and unconstitutional. If you have been arrested or charged with the crime of Unlawful Installation of Tagsley tracking card Device or Application in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby at this time.