KRS § 508.152 — KY Code / Title L / Chapter 508 / Section 508.152
508.152 Unlawful use of a tracking device
Status: in_force

508.152 Unlawful use of a tracking device.

(1) As used in this section:

(a) "Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a);

(b) "Protective order" has the same meaning as in KRS 508.130; and

(c) "Tracking device" means an electronic or mechanical device that is designed

or intended to allow a person to remotely determine or track the position or

movement of another person or an object, regardless of whether that

information is recorded.

(2) A person is guilty of unlawful use of a tracking device when he or she intentionally:

(a) Installs or places a tracking device, or causes a tracking device to be installed

or placed, in or on a motor vehicle without the knowledge and consent of the

owner of the motor vehicle or, if the motor vehicle is leased, the lessee or

authorized operator of the motor vehicle;

(b) Tracks the location of a motor vehicle with a tracking device without the

knowledge and consent of either the owner or the authorized operator of the

motor vehicle or, if the motor vehicle is leased, either the lessee or authorized

operator of the motor vehicle;

(c) While being the restrained party under a protective order, uses a tracking

device to track the location of a motor vehicle operated or occupied by an

individual protected under the order; or

(d) While on probation or parole for a crime defined in KRS Chapter 508, uses a

tracking device to track the location of a motor vehicle operated or occupied

by a victim of the crime or by a family member of the victim of the crime

without the knowledge and consent of the victim or family member.

(3) Unlawful use of a tracking device is a Class A misdemeanor.

(4) Subsection (2) of this section does not apply to the installation or use of any:

(a) Device providing vehicle tracking for purposes of providing mechanical,

operational, directional, navigation, weather, or traffic information to the

operator of the vehicle;

(b) Device for providing emergency assistance to the operator or passengers of

the vehicle under the terms and conditions of a subscription service, including

any trial period of that subscription service;

(c) Device for providing missing vehicle assistance for the benefit of the owner or

operator of the vehicle;

(d) Device providing diagnostic services regarding the mechanical operation of a

vehicle under the terms and conditions of a subscription service, including any

trial period of the subscription service;

(e) Device or service providing the lessee of the vehicle with clear notice that the

vehicle may be tracked. For a lessor who installs a tracking device subsequent

to the original vehicle manufacture, the notice shall be provided in writing

with an acknowledgment signed by the lessee, regardless of whether the

tracking device is original equipment, a retrofit, or an aftermarket product.

The requirement for written acknowledgment placed upon the lessor is not

imposed upon the manufacturer of the tracking device or the manufacturer of

the vehicle;

(f) Tracking device by the parent or guardian of a minor on any vehicle owned or

leased by that parent or guardian of the minor, and operated by the minor; or

(g) Tracking device by a police officer while lawfully performing his or her

duties as a police officer.