Under Florida Statute 934.425, the crime of Unlawful Installation of a Tracking Device or Tracking Application occurs when a person installs a tracking device or monitoring software application on another individual's property without that person’s consent. A person could revoke their consent to the installation of the tracking device or tracking software program software at any time. Consent to the installation of the tracking device or tracking software program software is presumed revoked by operation of regulation ought to one of many events file for divorce or an injunction against the other particular 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 application on another person's property without consent. Because the statute doesn't really make it unlawful to track one other particular person with out their consent, even if they previously consented to the set up but 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 wonderful.

A judge might 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 most of sixty days in jail. An individual acting in good faith on behalf of a enterprise entity could set up a tracking device or tracking software program application for a official enterprise purpose. Examples of a reliable enterprise objective could be the installation of internet monitoring cookies, GPS monitoring software program on electronics, or GPS tracking units on business vehicles. The owner or lessee of a motorized vehicle just isn't required to acquire consent earlier than putting in a tracking device or tracking software program software on a vehicle they own or lease throughout their interval of ownership. Any criminal statute can be challenged as void for vagueness when it fails to provide satisfactory notice of what conduct is prohibited due to its imprecision, thus inviting arbitrary and discriminatory enforcement. As presently written, part 934.425 solely applies to the initial installation of the tracking device or tracking application.

However, the statute does not address when a person must remove the tracking device or monitoring software program, whether an individual should cease tracking one other particular person if consent to installation is revoked, or whether or not an individual can continue monitoring somebody that has filed for divorce or an injunction. Nevertheless, it does not take a lot imagination to see a person being arrested or prosecuted for refusing to take away a tracking device or tracking software or continuing to track somebody despite the fact that one of the events filed for divorce or iTagPro reviews an injunction. In such prosecution, a person ought to transfer to dismiss the costs arguing that the statute doesn't particularly prohibit such actions and to the extent the statute was meant to prohibit such activities, it is void for vagueness and unconstitutional. When you have been arrested or charged with the crime of Unlawful Installation of Tracking Device or Application in Central Florida or iTagPro reviews the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby immediately. The initial consultation is free and I am always accessible to advise you on the correct course of action that can be taken. Wyche v. State, 619 So.

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