In Florida, the installation of tracking devices on someone’s vehicle or personal belongings without their consent is not only an invasion of privacy but can also lead to serious criminal charges. Tracking a person’s movements without their permission is a form of stalking, and it’s important for anyone accused of this crime to understand the legal implications and seek proper defense counsel.
What is Illegal Tracking in Florida?
Florida law defines illegal tracking as the use of electronic devices to monitor or track a person’s movements without their consent. This includes devices such as GPS trackers, hidden cameras, or other surveillance tools that are placed on vehicles, personal belongings, or even in someone's home. The intent behind using these devices can vary, but the law specifically targets actions aimed at monitoring or controlling another individual’s behavior in a manner that violates their right to privacy.
Under Florida law, electronic stalking is addressed under Section 784.048(5) of the Florida Statutes. It states that installing a tracking device on another person’s property, such as a car, without their consent, is a crime. The key element here is the lack of consent—the person being tracked must have explicitly agreed to the surveillance or been aware of it.
Penalties for Installing a Tracking Device Without Consent
If someone is caught installing a tracking device without the knowledge or consent of the person being monitored, they may face serious criminal charges. This offense can be classified as a third-degree felony in Florida. A third-degree felony is punishable by up to 5 years in prison and $5,000 in fines. In addition to the potential criminal penalties, the person accused of illegal tracking may also be subject to civil liability, including damages for any harm or distress caused by their actions.
What to Do If You’re Facing Charges for Illegal Tracking
Being accused of illegally installing a tracking device can have significant consequences on your life and freedom. If you or someone you know is facing charges related to the illegal installation of tracking devices in Florida, it is crucial to contact an experienced criminal defense attorney. A skilled defense lawyer will be able to assess the specific circumstances surrounding your case, provide guidance on how to navigate the legal process, and build a strong defense to protect your rights.
Possible defenses against tracking device charges may include:
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Lack of Intent – The prosecution must prove that the defendant intentionally tracked the individual without consent. If the defendant had a legitimate reason for placing the device (such as in cases involving parental custody disputes or with the knowledge of both parties), it could form the basis of a defense.
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No Violation of Consent – In cases where the person being tracked was aware of and consented to the tracking, this could negate the criminality of the action.
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Inaccurate Evidence – In some situations, it may be argued that the evidence presented by law enforcement—such as the location of the device or the identification of the tracker—was inaccurate or incomplete.
Seek Expereinced Legal Representation
Florida law takes a strong stance against the illegal use of tracking devices, particularly when it involves invading a person’s privacy. If you are accused of this crime, it is important to understand your rights and legal options. By working with an experienced criminal defense lawyer, you can navigate the complexities of the case, present a robust defense, and work toward the best possible outcome. The law may be complex, but with the right legal representation, you can protect your freedom and reputation.
If you are facing charges related to the illegal installation of tracking devices in Florida, don’t wait—contact our office today to speak with an experienced criminal defense attorney for a free consulation.