Texas Penal Code 16.06 – Unlawful Installation of Tracking Device

Attorney Trey Porter
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Texas Penal Code 16.06 – Unlawful Installation of Tracking Device

WHAT IS UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

A person commits unlawful installation of a tracking device by installing a tracking device on another person’s motor vehicle without permission.

Texas Penal Code 16.06 - Unlawful Installation of Tracking Device

WHAT IS THE UNLAWFUL INSTALLATION OF TRACKING DEVICE LAW IN TEXAS?

Tex. Penal Code § 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE.

(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.

WHAT IS THE PENALTY CLASS FOR UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

Unlawful installation of a tracking device is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

The punishment range for unlawful installation of a tracking device, a Class A misdemeanor, is up to one year in jail, and a maximum fine of $4,000.

WHAT ARE THE PENALTIES FOR UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

As an alternative to jail, a person may be convicted of unlawful installation of a tracking device and placed on probation for up to two years. A person may also avoid a conviction by pleading guilty or nolo contendere (“no contest”) to a judge in exchange for up to two years of deferred adjudication community supervision.

WHAT ARE THE DEFENSES TO UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

The statute specifies it does not apply to peace officers conducting a criminal investigation or gathering information for a law enforcement agency. It also lists three affirmative defenses available to a person accused of unlawful installation of a tracking device. A person may attempt to show he or she:

  • obtained the effective consent of the vehicle owner or lessee before installing the device;
  • assisted a peace officer who had legal authority to install the device;
  • was a licensed private investigator with written consent by the vehicle owner or lessee to install the device, or with authority pursuant to a court order.

WHAT IS THE STATUTE OF LIMITATIONS FOR UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS?

The limitation period for unlawfully installing a tracking device, a Class A misdemeanor, is two years. 

UNLAWFUL INSTALLATION OF TRACKING DEVICE IN TEXAS

It is illegal to put tracking devices in or on others’ vehicles without permission. Criminal cases are commonly brought when a spouse or significant other suspects infidelity, or if one person is stalking another. In fact, unlawfully installing a tracking device may be used to prove the elements of stalking

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Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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