Generally, it is unlawful to knowingly put a GPS tracker on another person’s vehicle without their consent. This can be a vehicle owned, driven, or leased by another person. The crime is a misdemeanor, punishable by jail time or a fine.

However, you can argue your case if you own the vehicle, the driver consented to the tracker, or the driver is a minor, and you are doing it for protection. It helps to consult a skilled criminal attorney to understand the legal implications of your actions, possible consequences, and legal defense options. Your attorney will also protect your rights and help you with all complex legal processes.

Understanding Texas PC 16.06

PC 16.06 is the law that prohibits a person from knowingly installing a tracking device on a vehicle owned or leased by another person without the person’s consent. This law makes it a crime for anyone to install a mechanical or electronic tracking device on another person’s vehicle. It covers a wide range of devices, including Airtags and other Bluetooth trackers, GPS units, and other devices that can transmit location data in real time.

A violation of this law occurs when you put a tracker in another person’s car without their consent. This law protects all adults, including the person you are married to or the person you share a home with. Installing an invisible tracker in their vehicle without their knowledge or consent is unlawful, regardless of your reasons.

If you are found guilty of unlawfully tracking another person without their knowledge or consent, a court can convict you of a Class A misdemeanor. This is the most serious misdemeanor under Texas law. A conviction can result in the following:

  • One year in jail

  • A $4000 court fine

  • A life-changing criminal record that can affect your professional and social lives

  • Possible protective or restraining order, issued in favor of the victim

The Arrest and Court Processes

Before a conviction happens, you must go through the criminal court process. This begins when the victim learns about the tracking device and reports your actions to the police. Depending on the seriousness of the matter, the police can arrest you and charge you with a Class A misdemeanor. The arrest is shortly followed by the booking process at the police station, before a prosecutor files criminal charges against you. The police could detain you before your initial court arraignment.

After reading your charges during the initial arraignment, the judge can grant you bail. This gives you a temporary release from jail to help you prepare well for the defense. It is advisable to hire a skilled criminal attorney at this point. They will review your case, advise on your options, help you gather evidence, and help you plan your defense. This is important as it can influence the outcome of your case.

A skilled attorney will review the evidence gathered against you to determine the strength of your case. They can file motions, if necessary, to help your situation. For example, if there is evidence that was gathered in violation of your rights, your skilled attorney can file a motion to suppress it. Your attorney can also negotiate with the prosecutor before a trial begins. If there is a possibility of benefitting from a plea deal, a skilled attorney will give it a try. A plea deal will result in favorable terms of a conviction, since you plead guilty to a less serious offense.

If the plea deal does not work and the case goes to a trial, your attorney will plan your defense well. They can use the best defense strategy to fight your charges and convince the court to dismiss or reduce your case. Here are some of the defense strategies your attorney can use to influence the outcome of your case:

You Had the Owner’s Consent

Remember that installing a tracking device on another person’s vehicle becomes a crime when you do it knowingly and without the vehicle owner’s consent. If you had the owner’s consent and can prove it, the courts will dismiss your charges.

You can use this defense strategy if the vehicle's actual owner consented to the device and the driver did not know about it. This can also work if the person accusing you of this crime leased the vehicle, and the leasing company or the actual owner requested that you install a tracking device on the vehicle before or after the lease.

However, for this strategy to work, you must prove that you had the consent. This means that the consent should be properly documented. It can be written on a document or as an electronic communication. Simply stating that you had the vehicle owner’s consent may not suffice. Alternatively, you can call the vehicle owner as a witness to affirm that they had consented to the installation.

You Were Assisting Law Enforcement Officers

Sometimes, police use tracking devices when investigating crimes to catch suspected offenders in the act. An officer can ask an ordinary person to help them install a tracker on a particular vehicle to track the movements of a suspected offender. If the person learns about it and reports you, you can use this defense to have your charges dismissed.

However, you must prove that you had the police’s authorization to install the tracker for the court to dismiss your charges. The police can also back up your claim that they made the request and that you were only doing what was necessary to assist their investigation.

You Were Following a Court Order

You are not in violation of PC 16.06 if you are just following a court order. Sometimes, courts authorize such installations for specific reasons, including to ensure a person's safety or to track the movements of a suspected offender. Your skilled attorney can provide the documentation to prove that a court gave the orders and that your actions were in accordance with the said order. This will result in a dismissal of your charges.

You Are the Vehicle Owner

Remember that installing a tracking device on a vehicle happens when you do it on another person’s vehicle, whether owned or leased. It is not a crime to install a tracker on your own vehicle. A person using your vehicle cannot accuse you of installing a tracker in a borrowed vehicle. If you can prove ownership of the vehicle, the court will dismiss your charges.

This defense strategy can also work if you reasonably believed you owned the vehicle. It could be that someone gave you a vehicle as a present, and you assumed you had the right to it. If the person uses the vehicle or takes the gift back, and they accuse you of installing a tracking device in it, you can use this defense to have your charges dismissed.

Installing a Tracker on Jointly-Owned Vehicles

PC 16.06 specifically prohibits installing a tracking device on someone else’s vehicle. This could mean a vehicle owned, exclusively driven, or leased by another person. This does not really apply to jointly owned vehicles and could create confusion if that were the case.

You jointly own a vehicle with another person if both of you contributed financially to the purchase, or the vehicle was purchased using funds from community property, as it happens in a marriage. When two people jointly own a vehicle, they both have equal rights to it. This means that one person can make a valid decision regarding the property and take action even without seeking the other person’s consent.

Criminal court judges in Texas determine cases like this on a case-by-case basis. They determine the circumstances of the case and the motive to make a final ruling. For example, a spouse who secretly installs a tracking device on their partner’s vehicle because they suspect them of infidelity violates PC 16.06. Also, a partner who installs a tracking device on their partner’s vehicle after separation violates this law.

If, after a divorce or separation, a court issues temporary orders requiring one party to use a particular vehicle, the other party is in violation if they install a tracker on that vehicle. The court orders eliminate the other partner’s claim on the vehicle. This means that the other party cannot cite effective consent, as it happens in marriage or joint ownership, to defend their actions.

Speak to a skilled criminal defense attorney to understand your legal situation if you face charges for installing a tracking device on a jointly owned vehicle. There could be grounds or no grounds for prosecution in your case, depending on the underlying circumstances. If there is proof that the vehicle is jointly owned, you can effectively convince the court to dismiss your charges based on effective consent by the other partner.

Remember that if it is a family car, and your partner is the exclusive driver, the prosecutor can pursue criminal charges against you. If you hide a tracker for malicious purposes, and you know that your partner would not have consented to it, the court can find you guilty of the charges.

Installing a Tracking Device to Protect a Minor

It is not unlawful to install a tracking device on another person’s vehicle if the vehicle belongs to, or is being exclusively used by, your child. A parent has the right to monitor, supervise, and protect their child from harm, especially as their child starts driving. However, this becomes legal as long as the child is underage. Once they attain a legal age, your child can file charges against you if you install a tracking device on their vehicle without their consent.

However, there could be additional legal issues in the following circumstances:

  • Your child’s other parent owns the said vehicle

  • There is a custody order in place that restricts your right to monitor the child

  • You intend to monitor your child’s other parent and not necessarily the child

If you want to install a tracking device on your child’s vehicle, you must take careful consideration of these and other circumstances to avoid breaking the law. If the vehicle is not in your name, you may consider talking to your child’s other parent about tracking the child’s activities. Then you can install a tracker if the vehicle's actual owner consents.

The Impact of PC 16.06 Charges on a Family Law Case

In addition to the criminal penalties mentioned above, installing a tracking device on another person’s vehicle can have a significant impact on your life if you have a pending family law case. It is critical to consider this before deciding to put a GPS tracker on a vehicle for whatever reason. Even if the judge dismisses your criminal case or lightens your sentence, you could face severe consequences if you have a pending family law case.

The Impact on a Divorce Case

Although you do not need to provide a reason for a divorce for a family court to grant your petition, you can get the upper hand against your spouse if there is evidence that they were unfaithful in the marriage. However, you need legal evidence for the judge to rule in your favor. If you obtained it through an unlawful installation of a tracking device in their vehicle, the evidence will be inadmissible in court. Your partner’s lawyer may also use your illegal actions against you, which could result in an unfair ruling.

For example, their attorney may argue that your actions were criminal and convince the court that you are not as credible as you claim. Also, the fact that you committed a crime, even though you did so to gather evidence, may work against you, especially if you seek alimony or fair distribution of property.

The Effect on Child Custody Matters

Family court judges always consider a child’s best interests when determining cases involving children. If you are separating from or divorcing your partner and there are children involved, the court must consider several factors to determine which parent will have custody. For example, a judge can consider your temperament, whether you have a history of being violent, and your emotional stability.

Installing a tracking device on your partner’s vehicle without their consent can be considered a form of controlling behavior, stalking, or harassment. This can significantly impact your chances of getting custody. It proves that you are emotionally unstable or unfit to care for your children.

Your partner’s attorney can argue the following to convince the court to award custody to their client:

  • That you have poor judgment

  • You are incapable of respecting boundaries

  • Your behavior is obsessive or controlling, which makes you an unfit parent

  • There is a possibility that your obsessive or controlling behavior will escalate if circumstances change

Many cases of unauthorized tracking have been used in family courts as grounds for denying parents custody of their children in divorce settlements. Some parents have also been denied access to their children, especially if their behavior is seen as erratic or obsessive. If you are lucky, the court may only grant you supervised visitations, which significantly favors the other parent.

Unlawful Installation of a Tracking Device and Stalking

In some cases, tracking another person without their consent can amount to stalking. This can happen if you combine repeated tracking of the person with other behaviors that cause the person to feel harassed or in reasonable fear for their safety. The person can report you to the police, leading to your arrest and a court proceeding. Stalking is a more serious offense under Texas PC 42.072. It is a third-degree felony offense that can result in up to twenty years in prison.

The victim can also file a protective or restraining order against you. If the court grants the order, you will be prohibited from contacting them or coming within a particular distance of them. A restraining order can be temporary or permanent, depending on the circumstances of the case. If you violate the restraining order, you face serious criminal penalties and other consequences.

For example, you can be charged with contempt of court. This can happen if a prosecutor proves that you willfully disobeyed a court-issued order. The punishment for this would be a maximum of six months in jail and up to $500 in fines. If you harmed the victim in any way, the penalties will likely be more severe.

Find an Experienced Criminal Attorney Near Me

Knowingly installing a tracking device on another person’s vehicle in Fort Worth can result in serious criminal charges and other consequences. Talking to an attorney after your arrest helps you understand the possible impact a conviction will have on your life. Your attorney will also explain possible effects if you have a pending case in a family court.

At Andrew Deegan Criminal Attorney at Law, we can also help you analyze your options and the right strategies for a favorable outcome. Our skilled and experienced defense attorneys can also defend your rights and help you navigate all court processes. Call us at 817-689-7002 to discuss your case and options in more detail.