Published: Sunday, November 14, 2010
Houma Daily Courier
Published: Thursday, Nov 26, 2010
Tri-Parish Times
Important Facts on Using GPS Tracking Devices in Louisiana
Louisiana: RS 14:323
§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. Whoever violates this Section shall be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned for not more than six months, 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 parent or legal guardian of a minor child whose location or movements are being tracked by the parent or legal guardian.
(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.
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.
