508.152 Unlawful use of a tracking device.
539 words·~2 min read·
/ky/chapter-508/508-152A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section:
(a)"Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a);
(b)"Protective order" has the same meaning as in KRS 508.130; and
(c)"Tracking device" means an electronic or mechanical device that is designed
or intended to allow a person to remotely determine or track the position or
movement of another person or an object, regardless of whether that
information is recorded.
(2)A person is guilty of unlawful use of a tracking device when he or she intentionally:
(a)Installs or places a tracking device, or causes a tracking device to be installed
or placed, in or on a motor vehicle without the knowledge and consent of the
owner of the motor vehicle or, if the motor vehicle is leased, the lessee or
authorized operator of the motor vehicle;
(b)Tracks the location of a motor vehicle with a tracking device without the
knowledge and consent of either the owner or the authorized operator of the
motor vehicle or, if the motor vehicle is leased, either the lessee or authorized
operator of the motor vehicle;
(c)While being the restrained party under a protective order, uses a tracking
device to track the location of a motor vehicle operated or occupied by an
individual protected under the order; or
(d)While on probation or parole for a crime defined in KRS Chapter 508, uses a
tracking device to track the location of a motor vehicle operated or occupied
by a victim of the crime or by a family member of the victim of the crime
without the knowledge and consent of the victim or family member.
(3)Unlawful use of a tracking device is a Class A misdemeanor.
(4)Subsection
(2)of this section does not apply to the installation or use of any:
(a)Device providing vehicle tracking for purposes of providing mechanical,
operational, directional, navigation, weather, or traffic information to the
operator of the vehicle;
(b)Device for providing emergency assistance to the operator or passengers of
the vehicle under the terms and conditions of a subscription service, including
any trial period of that subscription service;
(c)Device for providing missing vehicle assistance for the benefit of the owner or
operator of the vehicle;
(d)Device providing diagnostic services regarding the mechanical operation of a
vehicle under the terms and conditions of a subscription service, including any
trial period of the subscription service;
(e)Device or service providing the lessee of the vehicle with clear notice that the
vehicle may be tracked. For a lessor who installs a tracking device subsequent
to the original vehicle manufacture, the notice shall be provided in writing
with an acknowledgment signed by the lessee, regardless of whether the
tracking device is original equipment, a retrofit, or an aftermarket product.
The requirement for written acknowledgment placed upon the lessor is not
imposed upon the manufacturer of the tracking device or the manufacturer of
the vehicle;
(f)Tracking device by the parent or guardian of a minor on any vehicle owned or
leased by that parent or guardian of the minor, and operated by the minor; or
(g)Tracking device by a police officer while lawfully performing his or her
duties as a police officer.