Unlawful Installation Of Tracking Device Or Application In Florida
Under Florida Statute 934.425, the crime of Unlawful Installation of a Tracking Device or iTagPro product Tracking Application occurs when a person installs a tracking device or tracking software program application on one other person's property with out that person’s consent. A person may revoke their consent to the installation of the tracking device or tracking software software at any time. Consent to the set up of the tracking device or monitoring software utility is presumed revoked by operation of regulation should one of many parties file for divorce or an injunction towards the opposite person. Notably, as a result of the statute is poorly written, it's only unlawful to put in a tracking device or tracking software program software on one other person's property without consent. Because the statute doesn't really make it unlawful to track one other particular person with out their consent, iTagPro product even if they previously consented to the set up but later revoked their consent. The crime of Unlawful Installation of Tracking Device or iTagPro product Tracking Application is a Second Degree Misdemeanor iTagPro locator punishable by up to sixty (60) days in jail, six (6) months of probation, and a $500 positive.
A choose could sentence a person convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, but can also impose a sentence up to the statutory maximum of sixty days in jail. A person appearing in good faith on behalf of a enterprise entity might set up a tracking device or tracking software program software for a respectable enterprise purpose. Examples of a professional business purpose can be the installation of web tracking cookies, GPS monitoring software on electronics, or GPS monitoring units on enterprise vehicles. The proprietor or iTagPro portable lessee of a motorcar is not required to obtain consent earlier than installing a tracking device or tracking software program utility on a automobile they own or lease throughout their period of ownership. Any criminal statute could be challenged as void for vagueness when it fails to give enough notice of what conduct is prohibited because of its imprecision, thus inviting arbitrary and discriminatory enforcement. As currently written, part 934.425 only applies to the initial set up of the tracking device or tracking utility.
However, the statute doesn't address when a person must take away the tracking device or monitoring software, whether or not an individual should cease tracking another individual if consent to installation is revoked, or iTagPro device whether an individual can proceed tracking somebody that has filed for divorce or an injunction. Nevertheless, it does not take much imagination to see an individual being arrested or prosecuted for ItagPro refusing to take away a tracking device or monitoring software program or continuing to trace somebody though one of the events filed for divorce or an injunction. In such prosecution, a person ought to move to dismiss the charges arguing that the statute does not specifically prohibit such actions and to the extent the statute was supposed to prohibit such activities, it is 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 area, iTagPro product contact Criminal Defense Lawyer Richard Hornsby at present. The preliminary session is free and I'm all the time accessible to advise you on the right course of action that can be taken. Wyche v. State, 619 So.
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