This bill establishes that it is a fourth-degree crime to knowingly install or place, or cause the installation or placement of, an electronic tracking device or tracking application to track or determine the location of another person with the intent to initiate or facilitate an unlawful act. The bill defines "electronic tracking device" and "tracking application," and it includes a permissive inference that such tracking is intended for unlawful purposes, such as stalking or harassment. A fourth-degree crime can result in up to 18 months of imprisonment and fines up to $10,000.
The legislation outlines specific lawful uses of tracking devices and applications, including by parents tracking minor children, monitoring individuals at risk due to health conditions, and tracking personal property during lawful transactions. It also allows for tracking with the consent of the individual being tracked, which must be documented in writing or through affirmative acceptance of an application. Additionally, the bill clarifies that actions involving state or local government entities are exempt from these criminal provisions. Consent is presumed revoked under certain circumstances, such as during divorce proceedings or when restraining orders are filed.