Tennessee § 39-13-606 - Electronic tracking of motor vehicles.

§ 39-13-606. Electronic tracking of motor vehicles.

Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place 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. It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle. As used in this section: “Lease” has the same meaning as defined in § 39-14-147; “Owner” includes a person who has purchased a motor vehicle using a loan; and “Person” does not include the manufacturer of the motor vehicle. It shall not be a violation 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 is carried out in accordance with applicable state and federal law. 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, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation. It shall also not be a violation of 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 it is stolen. This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle. A violation of this section is a Class A misdemeanor. Acts 1997, ch. 339, § 1; 2014, ch. 790, § 1; 2016, ch. 860, §§ 1, 2. Compiler's Notes. Acts 2016, ch. 860, § 3 provided that the act, which amended this section, shall apply to prohibited conduct occurring on or after July 1, 2016. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Wiretapping and electronic surveillance by law enforcement, warrants for, title 40, ch. 6, part 3. Attorney General Opinions. Constitutionality of requiring owners' consent before installation of auto tracking device, OAG 98-0143 (8/7/98).