                                 CODE OF VIRGINIA

UNAUTHORIZED USE OF ELECTRONIC TRACKING DEVICE; PENALTY (§ 18.2-60.5)

A. 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.

B. The provisions of this section shall not apply to the installation,
placement, or use of an electronic tracking device by:

   1. 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;

   2. 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&#8217;s sole care;

   3. A legally authorized representative of a vulnerable adult, as defined in
   &#xA7; 18.2-369;

   4. The owner of fleet vehicles, when tracking such vehicles;

   5. An electronic communications provider to the extent that such installation,
   placement, or use is disclosed in the provider&#8217;s terms of use, privacy
   policy, or similar document made available to the customer; or

   6. A registered private investigator, as defined in &#xA7; 9.1-138, who is
   regulated in accordance with &#xA7; 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 &#xA7; 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 &#xA7; 20-103, or if the private investigator knows or should
   reasonably know that the client seeks the private investigator&#8217;s
   services to aid in the commission of a crime.

C. For the purposes of this section:
			&#8220;Electronic tracking device&#8221; means an electronic or mechanical
device that permits a person to remotely determine or track the position and
movement of another person.
			&#8220;Fleet vehicle&#8221; 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.

HISTORY: 2013, c. 434; 2020, c. 140; 2022, cc. 259, 642.