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Illegal Way of Tracking Someone – Know Your Rights
Is it illegal to track someone without their permission? The answer is yes. According to the statistics by the Office of Justice Programs, 95% of domestic violence, harassment, and stalking cases have reported the use of tracking devices against the victim in the United States. The most prevalent methods used for such tracking are satellite-based GPS devices. Section 18 of § 2510 Electronic Communications Privacy Act (ECPA) prohibits non-consensual installation and use of tracking devices.
The Dangers of Unlawful GPS Tracking
The use of GPS trackers is permitted for legitimate purposes — parental control, employer-owned devices, or safety. However, these devices can be used for cyberbullying, harassment, and privacy invasion. The victims of GPS tracking undergo several issues — emotional distress, safety concerns, and escalation into more serious offenses like violence, blackmail, and coercion.
Types of Offenses Involving GPS Trackers
Unauthorized use of tracking devices and GPS is a crime, and the offender can be tried for offenses — stalking, domestic violence, harassment, sexual assault, blackmail, and even homicide attempts. The case of Gina Ehsani is an example of how GPS tracking can be used to commit these offenses. Omar Rodriguez, from Yolo County, was sentenced to seven years of prison time for domestic violence, GPS tracker stalking, and corporal injury against his girlfriend.
Relevant Law in Missouri and Potential Penalties
If you commit any of the offenses mentioned above while there’s a misuse of surveillance technology, the provisions of the following federal and state laws will apply.
- GPS: Section 18 of the Electronic Communications Privacy Act (ECPA).
- Stalking: §565.225 of Revised Statutes of Missouri. First-degree stalking is punishable with four years of prison and up to $10,000 in fines. Second-degree stalking is punishable with one year of prison and up to $2,000 in fines.
- Harassment: First-degree cyberbullying is punishable with four years of prison and up to $10,000 in fines. Second-degree cyberbullying is punishable with one year of prison and up to $2,000 in fines.
- Geolocation Privacy and Surveillance GPS Act.
Signs You May Be Tracked
If you have observed the frequent, repeated appearance of someone at your location, your phone showing access from any unknown or unauthorized device, suspicious behavior from a stalker, or found unfamiliar devices in your car or personal belongings, there are strong chances that you’re being tracked through digital or traditional stalking. Illegal GPS tracking carries legal consequences.
What to Do if You Find a GPS Tracker
Involved in GPS stalking? Here’s what you need to do.
Step 1
Take photographs to preserve evidence.
Step 2
Call a Technical Surveillance Countermeasure (TSCM) expert to remove the tracking device. Don't do it on your own, or the evidence might get tampered with. In Missouri, Gateway Investigations, Missouri Bug Sweeps, and USA Bug Sweeps Inc. are some good places to start with stalking GPS tracking services.
Step 3
Hire an expert attorney to press charges.
Filing a Lawsuit or Claim: Step-by-Step Process
Step 1
Access the evidence you have gathered. Always hire a professional TSCM expert when taking care of the tracking device. These professionals also help you retrieve the data from the device, which can be used as evidence in the lawsuit.
Step 2
Consult a cybersecurity attorney. Fill out our contact form to receive a free consultation on your case.
Step 3
File a criminal as well as personal injury lawsuit against the GPS stalker. In criminal cases, they will be charged with cyberbullying, harassment, privacy invasion, etc. In personal injury, you can push for compensation for emotional distress, body injury, or property damage.
Deadlines and Statutes of Limitations
In Missouri, the statute of limitation for filing a personal injury lawsuit is five years from the date of knowledge and discovery of the GPS tracking device. To press criminal charges, you should act as early as possible to get better outcomes. Acting quickly will strengthen your case!
Potential Compensation and Damages
You can claim compensation for damages related to emotional distress, invasion of privacy, bodily injury, legal costs of litigation, and punitive damages under §510.261 of Revised Statutes of Missouri.
# | Case Name | Outcome |
1 | Dontay Campbell, 34, pleaded guilty to one count of cyberstalking resulting in death. | The lawsuit is ongoing, with no final judgment or settlement publicly announced (as of mid-2024) |
2 |
| As of mid-2024, there is no widely reported resolution or court ruling in this case. |
3 |
| Imprisonment and punitive damages for stalking and related criminal offenses |
4 | Protection Order | |
5 | Protection Order under § 565.225 |
How Our Law Firm Can Help
Still unsure: is it illegal to put a tracker on someone’s car? Connect with our expert cybersecurity lawyers to know your rights, remedies and relevant forums to push charges and claim damages. At Royce Injury, we offer satisfactory legal services on obtaining protective orders, pressing criminal charges, filing civil lawsuits, and representing clients in court. We have successfully represented stalking victims for years.
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