You assisted another whom you reasonably believed to be a peace officer with proper authorization to install the device. For example, if your husband or wife asks you to install a GPS tracker on their car, you have their consent. You obtained the effective consent of the owner of the motor vehicle before the device was installed. There are three affirmative defenses to the offense of Unlawful Installation of Tracking Device: What are the affirmative defenses to the offense?

The most common example would be a GPS device that tracks the location of a vehicle, but even a device such as a odometer would be considered a mechanical device that can monitor someone’s location. What exactly is a “ electronic or mechanical tracking device“?Īn electronic or mechanical tracking device is any device that can emit an electronic frequency or signal that can be used to monitor, identify or record someone’s location. Section 16.06(a)(2) says that “motor vehicle” has the meaning assigned by Section 501.002, Transportation Code. In short, it is a crime to put a tracking device (such as GPS) on a car that belongs to someone else. (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. The current Texas law defines the offense of Unlawful Installation of Tracking Device in Penal Code Section §16.06 as follows: What is the current Texas law about Unlawful Installation of Tracking Device?

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