§323. Tracking devices prohibited; penalty

            A. No person shall use a tracking device to determine the location or movement of another person without the consent of that person.

            B. The following penalties shall be imposed for a violation of this Section:

            (1) For the first offense, the fine shall be not less than five hundred dollars nor more than one thousand dollars, or imprisonment for not more than six months, or both.

            (2) For the second offense, the fine shall be not less than seven hundred fifty dollars nor more than one thousand five hundred dollars, or imprisonment for not less than thirty days nor more than six months, or both.

            (3) For the third offense and all subsequent offenses, the fine shall be not less than one thousand dollars nor more than two thousand dollars, or imprisonment for not less than sixty days nor more than one year, or both.

            C. The provisions of this Section shall not apply to the following:

            (1) The owner of a motor vehicle, including the owner of a vehicle available for rent, who has consented to the use of the tracking device with respect to such vehicle.

            (2) The lessor or lessee of a motor vehicle and the person operating the motor vehicle who have consented to the use of a tracking device with respect to such vehicle.

            (3) Any law enforcement agency, including state, federal, and military law enforcement agencies, who is acting pursuant to a court order or lawfully using the tracking device in an ongoing criminal investigation, provided that the law enforcement officer employing the tracking device creates a contemporaneous record describing in detail the circumstances under which the tracking device is being used.

            (4)(a) A parent or legal guardian of a minor child whose location or movements are being tracked by the parent or legal guardian.

            (b) When the parents of the minor child are living separate and apart or are divorced from one another, this exception shall apply only if both parents consent to the tracking of the minor child's location and movements, unless one parent has been granted sole custody, in which case consent of the noncustodial parent shall not be required.

            (5) The Department of Public Safety and Corrections tracking an offender who is under its custody or supervision.

            (6) Any provider of a commercial mobile radio service (CMRS), such as a mobile telephone service or vehicle safety or security service, which allows the provider of CMRS to determine the location or movement of a device provided to a customer of such service.

            (7) Any commercial motor carrier operation.

            (8) Any employer that provides a cellular device to employees for use during the course and scope of employment.

            D. For the purposes of this Section, a "tracking device" means any device that reveals its location or movement by the transmission of electronic signals.

            Acts 2010, No. 807, §1; Acts 2013, No. 249, §1; Acts 2015, No. 173, §1, eff. June 23, 2015.