§ 14:222.3 — Unlawful use of a cellular tracking device; penalty

Louisiana § 14:222.3

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§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.

Legislative History

Acts 2016, No. 308, §1.