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 occurs when a person installs a tracking device or monitoring software program software on one other person's property with out that person’s consent. A person may revoke their consent to the set up of the tracking device or tracking software program application at any time. Consent to the installation of the tracking device or tracking software application is presumed revoked by operation of legislation ought to one of many events file for divorce or an injunction towards the opposite particular person. Notably, as a result of the statute is poorly written, it is just unlawful to put in a tracking device or tracking software program software on another particular person's property without consent. Because the statute doesn't really make it unlawful to track one other particular person without their consent, even in the event that they previously consented to the installation however 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 superb.
A judge might sentence an individual convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, but may also impose a sentence as much as the statutory maximum of sixty days in jail. A person acting in good faith on behalf of a enterprise entity may install a tracking device or monitoring software application for a reputable enterprise purpose. Examples of a reliable enterprise goal can be the set up of web monitoring cookies, GPS monitoring software program on electronics, or GPS monitoring units on enterprise automobiles. The proprietor or lessee of a motor vehicle is just not required to acquire consent earlier than installing a tracking device or tracking software software on a car they personal or lease during their period of possession. Any criminal statute will be challenged as void for vagueness when it fails to provide adequate discover of what conduct is prohibited due to its imprecision, thus inviting arbitrary and discriminatory enforcement. As presently written, part 934.425 solely applies to the initial installation of the tracking device or tracking utility.
However, the statute doesn't deal with when an individual should remove the tracking device or tracking software program, whether or not a person should stop monitoring another individual if consent to set up is revoked, or whether an individual can proceed tracking somebody that has filed for divorce or an injunction. Nevertheless, it doesn't take a lot imagination to see a person being arrested or prosecuted for refusing to take away a tracking device or monitoring software or persevering with to track somebody even though one of the parties filed for divorce or iTagPro smart tracker an injunction. In such prosecution, a person ought to move to dismiss the fees arguing that the statute doesn't particularly prohibit such activities and to the extent the statute was supposed to prohibit such actions, iTagPro smart tracker it's void for vagueness and unconstitutional. When you've got been arrested or charged with the crime of Unlawful Installation of Tracking Device or Application in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby right now. The initial consultation is free and I'm all the time accessible to advise you on the proper course of action that can be taken. Wyche v. State, iTagPro smart tracker 619 So.
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