Unlawful tracking of a motor vehicle, offense of

565.260. Unlawful tracking of a motor vehicle, offense of — violation, penalty. — 1. Except as provided in subsection 2 of this section, a person commits the offense of unlawful tracking of a motor vehicle if the person knowingly installs, conceals, or otherwise places an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle. As used in this section, "person" does not include the manufacturer of the motor vehicle.

2. (1) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and such investigation is carried out in accordance with applicable state and federal law.

(2) If the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, the installation, concealment, or placement of the device in or on the vehicle without the consent of any or all occupants of the vehicle shall not be an offense under this section.

(3) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if the motor vehicle is stolen.

(4) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by a legally authorized representative of a vulnerable adult. As used in this subdivision, "vulnerable adult" means any person eighteen years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his or her well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his or her daily needs or safeguard his or her person, property, or legal interests.

(5) If the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a person who obtains consent from all owners of the vehicle, the installation, concealment, or placement of the device in or on the vehicle shall not be an offense under this section.

(6) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by a vehicle rental, sharing, or leasing company that rents motor vehicles for the purpose of tracking or managing the motor vehicles owned by such company or providing services to customers.

(7) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is by a lienholder or agent of a lienholder acting to track the movement or location of a motor vehicle in order to repossess the motor vehicle.

(8) It shall not be an offense under this section if the installing, concealing, or placing of an electronic tracking device in or on a motor vehicle is for any party to participate in a voluntary usage-based insurance program. "Voluntary usage-based insurance program" shall mean any program implemented by, or on behalf of, an insurance company that collects, records, or transmits information relating to driving behavior of an insured party.

3. The provisions of this section shall not apply to a tracking system installed by the manufacturer of a motor vehicle.

4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor for a first offense and a class E felony for any second or subsequent offense.