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 an individual installs a tracking device or tracking software program utility on another individual's property with out that person’s consent. A person may revoke their consent to the set up of the tracking device or monitoring software utility at any time. Consent to the installation of the tracking device or tracking software utility is presumed revoked by operation of law should one of the events file for divorce or an injunction in opposition to the opposite person. Notably, because the statute is poorly written, it's only unlawful to install a tracking device or tracking software program software on one other person's property with out consent. Because the statute does not truly make it unlawful to trace another individual without their consent, even if they beforehand 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 fantastic.
A decide could sentence an individual convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, but can also impose a sentence as much as the statutory maximum of sixty days in jail. A person appearing in good religion on behalf of a business entity could set up a tracking device or monitoring software program application for a legitimate enterprise function. Examples of a official enterprise objective could be the set up of internet tracking cookies, GPS tracking software program on electronics, or GPS tracking devices on enterprise autos. The owner or lessee of a motor iTagPro key finder vehicle isn't required to acquire consent before installing a tracking device or tracking software program software on a car they personal or lease during their interval of ownership. Any criminal statute might be challenged as void for vagueness when it fails to provide enough notice of what conduct is prohibited due to its imprecision, thus inviting arbitrary and discriminatory enforcement. As at present written, part 934.425 solely applies to the preliminary installation of the tracking device or tracking software.
However, the statute doesn't address when a person must take away the tracking device or tracking software program, whether an individual should stop monitoring another individual if consent to set up is revoked, or whether an individual can continue monitoring someone that has filed for iTagPro bluetooth tracker divorce or an injunction. Nevertheless, iTagPro key finder it doesn't take much imagination to see an individual being arrested or prosecuted for refusing to remove a tracking device or tracking software or persevering with to trace somebody even though one of the events filed for divorce or an injunction. In such prosecution, a person should move to dismiss the costs arguing that the statute does not specifically prohibit such activities and to the extent the statute was intended to prohibit such activities, it's void for vagueness and unconstitutional. In case 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 at the moment. The preliminary session is free and I am at all times obtainable to advise you on the right plan of action that may be taken. Wyche v. State, 619 So.
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