This bill addresses the unlawful tracking of an individual.
This bill:
- amends the offense of unlawful installation of a tracking device by:
renaming the offense to unlawful use of a tracking device or tracking application;broadening the offense to include placing a tracking device on certain personal property and using a tracking application to track another individual's movements;creating presumptions for the revocation of consent concerning a tracking device or tracking application;clarifying that an actor commits the offense if the victim had previously given consent for the actor to use the tracking device or tracking application and later revoked that consent, and the actor continued to use the tracking device or tracking application; andrequiring statutory damages in a successful civil action brought by the victim if the victim elects to receive the statutory damages instead of compensatory damages; and
- makes technical and conforming changes.Statutes affected:
Introduced: 76-12-305