Texas statute
Tex. Penal Code § 16.06 — Unlawful installation of tracking device
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 16: CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE, Texas Penal Code.
Full text of Tex. Penal Code § 16.06
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) In this section: (1) "Electronic or mechanical tracking device" means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object. (2) "Motor vehicle" has the meaning assigned by Section 501.002 , Transportation Code. (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.
Official sources
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