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Texas Statutes (Last Updated: January 4, 2014) |
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PENAL CODE |
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Title 4. INCHOATE OFFENSES |
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Chapter 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE |
Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE
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(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) 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
(3) 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.
(e) This section does not apply to 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.