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Rs 14:222.3 Unlawful Use Of A Cellular Tracking Device; Penalty

§222.3. Unlawful use of a cellular tracking device; penalty

A. It shall be unlawful for any person to possess a cellular tracking device or to use

a cellular tracking device for the purpose of collecting, intercepting, accessing, transferring,

or forwarding the data transmitted or received by the communications device, or stored on

the communications device of another without the consent of a party to the communication

and by intentionally deceptive means.

B. For the purposes of this Section:

(1) "Cellular tracking device" means a device that transmits or receives radio waves

to or from a communications device in a manner that interferes with the normal functioning

of the communications device or communications network and that can be used to intercept,

collect, access, transfer, or forward the data transmitted or received by the communications

device, or stored on the communications device; includes an international mobile subscriber

identity (IMSI) catcher or other cell phone or telephone surveillance or eavesdropping device

that mimics a cellular base station and transmits radio waves that cause cell phones or other

communications devices in the area to transmit or receive radio waves, electronic data,

location data, information used to calculate location, identifying information,

communications content, or metadata, or otherwise obtains this information through passive

means, such as through the use of a digital analyzer or other passive interception device; and

does not include any device used or installed by an electric utility solely to the extent such

device is used by that utility to measure electrical usage, to provide services to customers,

or to operate the electric grid.

(2) "Telecommunications device" means any type of instrument, device, or machine

that is capable of transmitting or receiving telephonic, electronic, radio, text, or data

communications, including but not limited to a cellular telephone, a text-messaging device,

a personal digital assistant, a computer, or any other similar wireless device that is designed

to engage in a call or communicate text or data. It does not include citizens band radios,

citizens band radio hybrids, commercial two-way radio communication devices, or electronic

communication devices with a push-to-talk function.

C. The provisions of this Section shall not apply to any of the following:

(1) An investigative or law enforcement officer, judicial officer, probation or parole

officer, or employee of the Department of Public Safety and Corrections using a cellular

tracking device when that person is engaged in the lawful performance of official duties and

in accordance with other state or federal law, including using a cellular tracking device in

accordance with the Electronic Surveillance Act and pursuant to a court order as provided

for in R.S. 15:1317 and 1318.

(2) An operator of a switchboard, or any officer, employee, or agent of any electronic

communications carrier, whose facilities are used in the transmission of a wire

communication, to intercept, disclose, or use that communication in the normal course of his

employment while engaged in any activity which is necessary to his service or to the

protection of the rights or property of the carrier of such communication; however, such

communications common carriers shall not utilize service observing or random monitoring,

except for mechanical or service quality control checks.

(3) An officer, employee, or agent of the Federal Communications Commission, in

the normal course of his employment and in discharge of the monitoring responsibilities

exercised by the commission in the enforcement of Chapter 5 of Title 47 of the United States

Code.

(4) 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 that vehicle.

(5) 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 that vehicle.

(6) An automobile manufacturer, its affiliates, subsidiaries, or a related telematics

provider installing a feature that could be considered a tracking device with respect to that

vehicle.

(7)(a) A parent or legal guardian of a minor child whose location or movements are

being tracked by the parent or legal guardian.

(b) When the parents of the minor child are living separate and apart or are divorced

from one another, this exception shall apply only if both parents consent to the tracking of

the minor child's location and movements, unless one parent has been granted sole custody,

in which case consent of the noncustodial parent shall not be required.

(8) The Department of Public Safety and Corrections tracking an offender who is

under its custody or supervision.

(9) 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.

(10) Any commercial motor carrier operation.

(11) A provider of a mobile application or similar technology that a consumer

affirmatively chooses to download onto the consumer's wireless device, or any technology

used in conjunction with the mobile application or similar technology.

(12) Any use of technology provided by an entity based upon the prior consent of a

consumer for such use.

(13) A person acting in good faith on behalf of a business entity for a legitimate

business purpose.

(14) A law enforcement agency conducting training or calibration and maintenance

of tracking equipment on the cell phone of another law enforcement officer who has given

consent for his phone to be tracked for training or calibration and maintenance purposes.

(15) Any person who has more than one cellular phone or similar wireless

telecommunications device as part of a wireless service plan contract and who is ascertaining

or attempting to ascertain the location of any telecommunications device that is part of that

plan.

(16) Any person who has a cellular phone or similar wireless telecommunications

device and wireless service plan contract, or a wireless service provider at the person's

direction, who is ascertaining or attempting to ascertain the location of any

telecommunications device that is part of that plan and that has been lost or stolen.

D. Whoever violates the provisions of this Section shall be fined not more than three

thousand dollars, imprisoned with or without hard labor for not more than two years, or both.

Acts 2016, No. 308, §1.

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Local Government
Louisiana
2
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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device
communication
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phone
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service