Under Florida Statute 934.425, the crime of Unlawful Installation of a Tracking Device or Tracking Application happens when an individual installs a tracking device or tracking software utility on another individual's property with out that person’s consent. A person may revoke their consent to the installation of the tracking device or iTagPro portable tracking software application at any time. Consent to the installation of the tracking device or tracking software program software is presumed revoked by operation of legislation ought to one of the events file for divorce or iTagPro official an injunction towards the other person. Notably, because the statute is poorly written, it is just unlawful to install a tracking device or tracking software program utility on another person's property without consent. Because the statute doesn't truly make it unlawful to trace one other person without their consent, even if they previously consented to the installation however later revoked their consent. The crime of Unlawful Installation of Tracking Device or iTagPro portable Tracking Application is a Second Degree Misdemeanor punishable by up to sixty (60) days in jail, six (6) months of probation, iTagPro portable and a $500 fantastic.

A judge might sentence an individual convicted of Unlawful Installation of Tracking Device or Tracking Application to probation, ItagPro but may impose a sentence as much as the statutory maximum of sixty days in jail. A person acting in good religion on behalf of a business entity might set up a tracking device or tracking software application for a authentic enterprise objective. Examples of a professional enterprise objective could be the set up of internet monitoring cookies, GPS monitoring software program on electronics, or GPS tracking devices on business vehicles. The proprietor or lessee of a motorized vehicle shouldn't be required to acquire consent earlier than installing a tracking device or monitoring software software on a car they personal or lease throughout their interval of ownership. Any criminal statute might be challenged as void for vagueness when it fails to give ample discover of what conduct is prohibited due to its imprecision, thus inviting arbitrary and iTagPro portable discriminatory enforcement. As currently written, section 934.425 only applies to the initial installation of the tracking device or monitoring application.

However, the statute does not deal with when a person must take away the tracking device or tracking software, whether a person must stop monitoring one other particular person if consent to set up is revoked, or whether or not a person can proceed monitoring somebody that has filed for divorce or iTagPro portable an injunction. Nevertheless, it does not take a lot imagination to see an individual being arrested or prosecuted for refusing to remove a tracking device or tracking software program or continuing to track somebody although one of the parties filed for divorce or an injunction. In such prosecution, a person ought to move to dismiss the costs arguing that the statute does not particularly prohibit such actions and to the extent the statute was meant to prohibit such actions, iTagPro portable 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 the Greater Orlando space, contact Criminal Defense Lawyer Richard Hornsby at this time. The preliminary consultation is free and I'm all the time available to advise you on the right course of action that can be taken. Wyche v. State, 619 So.

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