{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-60.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-60.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-60.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-60.5.html"}],"law_id":68255,"edition_id":1,"section_id":68255,"structure_id":13516,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","history":"2013, c. 434; 2020, c. 140; 2022, cc. 259, 642.","full_text":"A\n\nAny person who installs or places an electronic tracking device through intentionally deceptive means and without consent, or causes an electronic tracking device to be installed or placed through intentionally deceptive means and without consent, and uses such device to track the location of any person is guilty of a Class 1 misdemeanor.B\n\nThe provisions of this section shall not apply to the installation, placement, or use of an electronic tracking device by:1\n\nA law-enforcement officer, judicial officer, probation or parole officer, or employee of the Department of Corrections when any such person is engaged in the lawful performance of official duties and in accordance with other state or federal law;2\n\nThe parent or legal guardian of a minor when tracking (i) the minor or (ii) any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person’s sole care;3\n\nA legally authorized representative of a vulnerable adult, as defined in § 18.2-369;4\n\nThe owner of fleet vehicles, when tracking such vehicles;5\n\nAn electronic communications provider to the extent that such installation, placement, or use is disclosed in the provider’s terms of use, privacy policy, or similar document made available to the customer; or6\n\nA registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and is acting in the normal course of his business and with the consent of the owner of the property upon which the electronic tracking device is installed and placed. However, such exception shall not apply if the private investigator is working on behalf of a client who is subject to a protective order under § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10 or subsection B of § 20-103, or if the private investigator knows or should reasonably know that the client seeks the private investigator’s services to aid in the commission of a crime.C\n\nFor the purposes of this section:\n\t\t\t“Electronic tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.\n\t\t\t“Fleet vehicle” means (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers.","order_by":null,"text":{"0":{"id":246964,"text":"Any person who installs or places an electronic tracking device through intentionally deceptive means and without consent, or causes an electronic tracking device to be installed or placed through intentionally deceptive means and without consent, and uses such device to track the location of any person is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246965,"text":"The provisions of this section shall not apply to the installation, placement, or use of an electronic tracking device by:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":246966,"text":"A law-enforcement officer, judicial officer, probation or parole officer, or employee of the Department of Corrections when any such person is engaged in the lawful performance of official duties and in accordance with other state or federal law;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":246967,"text":"The parent or legal guardian of a minor when tracking (i) the minor or (ii) any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person’s sole care;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":246968,"text":"A legally authorized representative of a vulnerable adult, as defined in § 18.2-369;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":246969,"text":"The owner of fleet vehicles, when tracking such vehicles;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":246970,"text":"An electronic communications provider to the extent that such installation, placement, or use is disclosed in the provider’s terms of use, privacy policy, or similar document made available to the customer; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":246971,"text":"A registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and is acting in the normal course of his business and with the consent of the owner of the property upon which the electronic tracking device is installed and placed. However, such exception shall not apply if the private investigator is working on behalf of a client who is subject to a protective order under § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10 or subsection B of § 20-103, or if the private investigator knows or should reasonably know that the client seeks the private investigator’s services to aid in the commission of a crime.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":246972,"text":"For the purposes of this section:\n\t\t\t“Electronic tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.\n\t\t\t“Fleet vehicle” means (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":13516,"edition_id":1,"name":"Extortion and Other Threats","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":165091,"object_type":"structure","relational_id":13516,"identifier":"6","token":"18.2\/4\/6","url":"\/18.2\/4\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72142,"structure_id":13516,"section_number":"18.2-59","catch_line":"Extortion of money, property or pecuniary benefit","url":"\/18.2-59\/","token":"18.2\/4\/6\/18.2-59","metadata":false},{"id":59217,"structure_id":13516,"section_number":"18.2-59.1","catch_line":"Sexual extortion; penalty","url":"\/18.2-59.1\/","token":"18.2\/4\/6\/18.2-59.1","metadata":false},{"id":70858,"structure_id":13516,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","url":"\/18.2-60\/","token":"18.2\/4\/6\/18.2-60","metadata":false},{"id":66281,"structure_id":13516,"section_number":"18.2-60.1","catch_line":"Threatening the Governor or his immediate family","url":"\/18.2-60.1\/","token":"18.2\/4\/6\/18.2-60.1","metadata":false},{"id":62513,"structure_id":13516,"section_number":"18.2-60.2","catch_line":"Members of the Governor's immediate family","url":"\/18.2-60.2\/","token":"18.2\/4\/6\/18.2-60.2","metadata":false},{"id":54485,"structure_id":13516,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","url":"\/18.2-60.3\/","token":"18.2\/4\/6\/18.2-60.3","metadata":false},{"id":86834,"structure_id":13516,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","url":"\/18.2-60.4\/","token":"18.2\/4\/6\/18.2-60.4","metadata":false},{"id":68255,"structure_id":13516,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","url":"\/18.2-60.5\/","token":"18.2\/4\/6\/18.2-60.5","metadata":false}],"previous_section":{"id":86834,"structure_id":13516,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","url":"\/18.2-60.4\/","token":"18.2\/4\/6\/18.2-60.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-60.5\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 434<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2020, chapter 140<\/a>; in 2022, chapters 259<\/a> and 642<\/a>.<\/p>","references":[{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"}],"refers_to":[{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":69682,"section_number":"9.1-138","catch_line":"Definitions","order_by":null,"url":"\/9.1-138\/"},{"id":63110,"section_number":"9.1-139","catch_line":"Licensing, certification, and registration required; qualifications; temporary licenses","order_by":null,"url":"\/9.1-139\/"}],"permalink":{"id":165121,"object_type":"law","relational_id":68255,"identifier":"18.2-60.5","token":"18.2\/4\/6\/18.2-60.5","url":"\/18.2-60.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-60.5\/","token":"18.2\/4\/6\/18.2-60.5","dublin_core":{"Title":"Unauthorized use of electronic tracking device; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-60.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who installs or places an electronic tracking device<\/span> through intentionally deceptive means and without consent, or causes an electronic tracking device<\/span> to be installed or placed through intentionally deceptive means and without consent, and uses such device to track the location of any person is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section shall not apply to the installation, placement, or use of an electronic tracking device<\/span> by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A law<\/span>-enforcement officer, judicial officer, probation<\/span> or parole<\/span> officer, or employee of the Department of Corrections when any such person is engaged in the lawful performance of official duties and in accordance with other state or federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The parent or legal guardian of a minor<\/span> when tracking (i) the minor<\/span> or (ii) any person authorized by the parent or legal guardian as a caretaker of the minor<\/span> at any time when the minor<\/span> is under the person’s sole care; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A legally authorized representative of a vulnerable adult, as defined in § 18.2-369<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The owner of fleet vehicles<\/span>, when tracking such vehicles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An electronic communications provider to the extent that such installation, placement, or use is disclosed in the provider’s terms of use, privacy policy, or similar document made available to the customer; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A registered private investigator, as defined in § 9.1-138<\/a>, who is regulated in accordance with § 9.1-139<\/a> and is acting in the normal course of his business and with the consent of the owner of the property upon which the electronic tracking device<\/span> is installed and placed. However, such exception shall not apply if the private investigator is working on behalf of a client who is subject to a protective order<\/span> under § 16.1-253<\/a>, 16.1-253.1<\/a>, 16.1-253.4<\/a>, 16.1-279.1<\/a>, 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a> or subsection B of § 20-103<\/a>, or if the private investigator knows or should reasonably know that the client seeks the private investigator’s services to aid in the commission of a crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section:\n\t\t\t“Electronic tracking device<\/span>” means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.\n\t\t\t“Fleet vehicle<\/span>” means (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNAUTHORIZED USE OF ELECTRONIC TRACKING DEVICE; PENALTY (\u00a7 18.2-60.5)\n\nA. Any person who installs or places an electronic tracking device through\nintentionally deceptive means and without consent, or causes an electronic\ntracking device to be installed or placed through intentionally deceptive means\nand without consent, and uses such device to track the location of any person is\nguilty of a Class 1 misdemeanor.\n\nB. The provisions of this section shall not apply to the installation,\nplacement, or use of an electronic tracking device by:\n\n 1. A law-enforcement officer, judicial officer, probation or parole officer,\n or employee of the Department of Corrections when any such person is engaged\n in the lawful performance of official duties and in accordance with other\n state or federal law;\n\n 2. The parent or legal guardian of a minor when tracking (i) the minor or (ii)\n any person authorized by the parent or legal guardian as a caretaker of the\n minor at any time when the minor is under the person’s sole care;\n\n 3. A legally authorized representative of a vulnerable adult, as defined in\n § 18.2-369;\n\n 4. The owner of fleet vehicles, when tracking such vehicles;\n\n 5. An electronic communications provider to the extent that such installation,\n placement, or use is disclosed in the provider’s terms of use, privacy\n policy, or similar document made available to the customer; or\n\n 6. A registered private investigator, as defined in § 9.1-138, who is\n regulated in accordance with § 9.1-139 and is acting in the normal course\n of his business and with the consent of the owner of the property upon which\n the electronic tracking device is installed and placed. However, such\n exception shall not apply if the private investigator is working on behalf of\n a client who is subject to a protective order under § 16.1-253,\n 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10 or\n subsection B of § 20-103, or if the private investigator knows or should\n reasonably know that the client seeks the private investigator’s\n services to aid in the commission of a crime.\n\nC. For the purposes of this section:\n\t\t\t“Electronic tracking device” means an electronic or mechanical\ndevice that permits a person to remotely determine or track the position and\nmovement of another person.\n\t\t\t“Fleet vehicle” means (i) one or more motor vehicles owned by a\nsingle entity and operated by employees or agents of the entity for business or\ngovernment purposes, (ii) motor vehicles held for lease or rental to the general\npublic, or (iii) motor vehicles held for sale by motor vehicle dealers.\n\nHISTORY: 2013, c. 434; 2020, c. 140; 2022, cc. 259, 642.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}