Unlawful Installation Of Tracking Device Or Application In Florida

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Under Florida Statute 934.425, the crime of Unlawful Installation of a Tracking Device or ItagPro Tracking Application happens when an individual installs a tracking device or monitoring software application on another particular person's property without that person’s consent. A person may revoke their consent to the installation of the tracking device or tracking software program utility at any time. Consent to the set up of the tracking device or iTagPro technology tracking software program application is presumed revoked by operation of legislation should one of the events file for divorce or an injunction towards the opposite particular person. Notably, because the statute is poorly written, it's only unlawful to install a tracking device or monitoring software software on another individual's property with out consent. Because the statute does not really make it unlawful to track another individual without their consent, even if 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 tremendous.



A judge may sentence a person convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, but may also impose a sentence up to the statutory maximum of sixty days in jail. An individual acting in good religion on behalf of a enterprise entity could install a tracking device or monitoring software application for a authentic business objective. Examples of a reputable enterprise goal could be the set up of web tracking cookies, GPS monitoring software program on electronics, or GPS tracking devices on enterprise autos. The proprietor or lessee of a motor vehicle isn't required to acquire consent before putting in a tracking device or monitoring software program software on a automobile they personal or lease throughout their period of possession. Any criminal statute might be challenged as void for vagueness when it fails to offer ample notice of what conduct is prohibited due to its imprecision, thus inviting arbitrary and discriminatory enforcement. As presently written, part 934.425 only applies to the initial installation of the tracking device or tracking utility.



However, the statute does not tackle when an individual should remove the tracking device or ItagPro monitoring software program, whether an individual must cease tracking one other individual if consent to installation is revoked, or whether a person can continue tracking someone that has filed for iTagPro key finder divorce or an injunction. Nevertheless, it doesn't take much imagination to see an individual being arrested or prosecuted for refusing to take away a tracking device or monitoring software or continuing to trace someone though one of the events filed for divorce or an injunction. In such prosecution, an individual should move to dismiss the charges arguing that the statute does not specifically prohibit such activities and to the extent the statute was meant to prohibit such activities, it is void for vagueness and unconstitutional. If you have been arrested or charged with the crime of Unlawful Installation of Tracking Device or Application in Central Florida or the Greater Orlando space, contact Criminal Defense Lawyer Richard Hornsby today. The initial session is free and I am always obtainable to advise you on the right plan of action that may be taken. Wyche v. State, 619 So.



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