{
 "citation": "14:222.3",
 "heading": "Unlawful use of a cellular tracking device; penalty",
 "doc_id": "1015652",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1015652",
 "classification": "F",
 "enacted_year": "2016",
 "last_amended_year": "2016",
 "penalties": [
  {
   "subsection": "D",
   "text": "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.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "15:1317"
 ],
 "text": "RS 14:222.3\n\n\u00a7222.3. Unlawful use of a cellular tracking device; penalty\n\nA. It shall be unlawful for any person to possess a cellular tracking device or to use\na cellular tracking device for the purpose of collecting, intercepting, accessing, transferring,\nor forwarding the data transmitted or received by the communications device, or stored on\nthe communications device of another without the consent of a party to the communication\nand by intentionally deceptive means.\n\nB. For the purposes of this Section:\n\n(1) \"Cellular tracking device\" means a device that transmits or receives radio waves\nto or from a communications device in a manner that interferes with the normal functioning\nof the communications device or communications network and that can be used to intercept,\ncollect, access, transfer, or forward the data transmitted or received by the communications\ndevice, or stored on the communications device; includes an international mobile subscriber\nidentity (IMSI) catcher or other cell phone or telephone surveillance or eavesdropping device\nthat mimics a cellular base station and transmits radio waves that cause cell phones or other\ncommunications devices in the area to transmit or receive radio waves, electronic data,\nlocation data, information used to calculate location, identifying information,\ncommunications content, or metadata, or otherwise obtains this information through passive\nmeans, such as through the use of a digital analyzer or other passive interception device; and\ndoes not include any device used or installed by an electric utility solely to the extent such\ndevice is used by that utility to measure electrical usage, to provide services to customers,\nor to operate the electric grid.\n\n(2) \"Telecommunications device\" means any type of instrument, device, or machine\nthat is capable of transmitting or receiving telephonic, electronic, radio, text, or data\ncommunications, including but not limited to a cellular telephone, a text-messaging device,\na personal digital assistant, a computer, or any other similar wireless device that is designed\nto engage in a call or communicate text or data. It does not include citizens band radios,\ncitizens band radio hybrids, commercial two-way radio communication devices, or electronic\ncommunication devices with a push-to-talk function.\n\nC. The provisions of this Section shall not apply to any of the following:\n\n(1) An investigative or law enforcement officer, judicial officer, probation or parole\nofficer, or employee of the Department of Public Safety and Corrections using a cellular\ntracking device when that person is engaged in the lawful performance of official duties and\nin accordance with other state or federal law, including using a cellular tracking device in\naccordance with the Electronic Surveillance Act and pursuant to a court order as provided\nfor in R.S. 15:1317 and 1318.\n\n(2) An operator of a switchboard, or any officer, employee, or agent of any electronic\ncommunications carrier, whose facilities are used in the transmission of a wire\ncommunication, to intercept, disclose, or use that communication in the normal course of his\nemployment while engaged in any activity which is necessary to his service or to the\nprotection of the rights or property of the carrier of such communication; however, such\ncommunications common carriers shall not utilize service observing or random monitoring,\nexcept for mechanical or service quality control checks.\n\n(3) An officer, employee, or agent of the Federal Communications Commission, in\nthe normal course of his employment and in discharge of the monitoring responsibilities\nexercised by the commission in the enforcement of Chapter 5 of Title 47 of the United States\nCode.\n\n(4) The owner of a motor vehicle, including the owner of a vehicle available for rent,\nwho has consented to the use of the tracking device with respect to that vehicle.\n\n(5) The lessor or lessee of a motor vehicle and the person operating the motor vehicle\nwho have consented to the use of a tracking device with respect to that vehicle.\n\n(6) An automobile manufacturer, its affiliates, subsidiaries, or a related telematics\nprovider installing a feature that could be considered a tracking device with respect to that\nvehicle.\n\n(7)(a) A parent or legal guardian of a minor child whose location or movements are\nbeing tracked by the parent or legal guardian.\n\n(b) When the parents of the minor child are living separate and apart or are divorced\nfrom one another, this exception shall apply only if both parents consent to the tracking of\nthe minor child's location and movements, unless one parent has been granted sole custody,\nin which case consent of the noncustodial parent shall not be required.\n\n(8) The Department of Public Safety and Corrections tracking an offender who is\nunder its custody or supervision.\n\n(9) Any provider of a commercial mobile radio service (CMRS), such as a mobile\ntelephone service or vehicle safety or security service, which allows the provider of CMRS\nto determine the location or movement of a device provided to a customer of such service.\n\n(10) Any commercial motor carrier operation.\n\n(11) A provider of a mobile application or similar technology that a consumer\naffirmatively chooses to download onto the consumer's wireless device, or any technology\nused in conjunction with the mobile application or similar technology.\n\n(12) Any use of technology provided by an entity based upon the prior consent of a\nconsumer for such use.\n\n(13) A person acting in good faith on behalf of a business entity for a legitimate\nbusiness purpose.\n\n(14) A law enforcement agency conducting training or calibration and maintenance\nof tracking equipment on the cell phone of another law enforcement officer who has given\nconsent for his phone to be tracked for training or calibration and maintenance purposes.\n\n(15) Any person who has more than one cellular phone or similar wireless\ntelecommunications device as part of a wireless service plan contract and who is ascertaining\nor attempting to ascertain the location of any telecommunications device that is part of that\nplan.\n\n(16) Any person who has a cellular phone or similar wireless telecommunications\ndevice and wireless service plan contract, or a wireless service provider at the person's\ndirection, who is ascertaining or attempting to ascertain the location of any\ntelecommunications device that is part of that plan and that has been lost or stolen.\n\nD. Whoever violates the provisions of this Section shall be fined not more than three\nthousand dollars, imprisoned with or without hard labor for not more than two years, or both.\n\nActs 2016, No. 308, \u00a71."
}