Houston Criminal Defense
Unlawful Installation of a Tracking Device is a serious misdemeanor offense. If convicted, a person could be sent to jail for up to one year. A person charged with such an offense, or any criminal offense, should contact a criminal defense lawyer.
James (Jim) Sullivan is an experienced Houston Criminal Defense Attorney. For over 25 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.
James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Call Houston criminal defense attorney James Sullivan at 281-546-6428 for a confidential consultation.
Texas Penal Code, Section 16.06 – Unlawful Installation of Tracking Device
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CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
§ 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE.
(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) was 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;
(3) 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
(4) 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. |
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