AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL.
Identical to H 187 filed on 3/10/15.
Amends GS 14-196.3, as the title indicates. Adds definitions for the following terms as they apply in this statute: electronic tracking device and fleet vehicle.
Makes it unlawful to knowingly install or place an electronic tracking device without consent, or to cause an electronic tracking device to be installed without consent, and use the electronic device to track the location of any person. Specifies that these provisions do not apply to the installment, placement, or use of an electronic tracking device by any of the following: (1) law enforcement, judicial officer, probation or parole officer, employee of the Division of Corrections, Department of Public Safety when the person is engaged in the performance of official duties in accordance with state or federal law; (2) the parent or legal guardian of a minor, or any person authorized by the parent or legal guardian as a caretaker of the minor; (3) a legally authorized representative of a disabled adult as defined in GS 108A-101(d); (4) the owner of a fleet of vehicles when tracking those vehicles; (5) a licensed private investigator but provides that this exception does not apply if the investigator is working on behalf of a client subject to a domestic violence protective order under GS Chapter 50B or if the investigator knows or should reasonably know that the client is seeking services to aid in the commission of a crime; and (6) an order issued by a state or federal court.
Effective December 1, 2015, and applies to offenses committed on or after that date.
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