PC 637.7 Illegal tracking Device on Person or Vehicle Law, Penalties & Criminal Defense. Criminal Defense Lawyers Explain Penal Code 637.7.
- Criminal Defense Lawyers
- Apr 17
- 4 min read
In California, it is illegal to track a person’s location, or a person’s vehicle location, without the tracked person’s consent. The law that makes it unlawful to track another person’s location without consent is California penal code 637.7.
The following summary covers the law, the penalties and the common defenses related to PC 637.7. For further information on penal code 637.7 contact our California criminal defense lawyers for a free consultation.
PC 637.7 Law
Per PC 637.7(a) “No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.” PC 637.7(a) is sometimes referred to as “invasion of privacy by electronic means.”
Electronic Tracking Device: Per PC 637.7(c), an “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signal.”
An electronic tracking device can be any type of electronic device, such as a cell phone tracker that is installed on a person’s phone without the tracked person’s consent, an Air Tag, a geolocation device, etc.
Also, PC 637.7(a) applies where the electronic device is affixed to any type of vehicle (i.e., work vehicle, personal vehicle, boat, bicycle, golf cart, motorcycle, etc.) or a person’s personal property (i.e., backpack, clothes, purse, wallet, etc.).
Example: David wants to keep tabs on his girlfriend, Diana. To accomplish, David installs a tracking device on Diana’s phone, her vehicle, and in her purse, all without Diana’s consent or knowledge. Result: David may be charged with three separate violations of penal code 637.7(a).
Note: Illegal tracking devices that are placed on domestically related person’s, such as a wife, husband, girlfriend, or boyfriend, without consent, will usually lead to additional criminal charges against the tracking person, such as domestic battery (PC 243(e)(1)) or stalking (PC 646.9).
Employer / Employee Issues: Penal code 637.7(a) applies equally to private persons as it does to businesses, agencies, corporations, associations and partnerships. In business related violations of PC 637.7, the business itself can be the criminal defendant, and the punishments can include the loss of business licensure (See PC 637.7 Penalties).
PC 637.7(a) Penalties
Jail Sentence: Unlawful tracking by electronic means is a misdemeanor crime in California. If found guilty the defendant could face up to one hundred eighty days in county jail. A misdemeanor probation sentence, either with or without incarceration may be available in some PC 637.7(a) cases (See Probation Sentence).
Probation Sentence: A probation sentence is a period of supervision, as opposed to incarceration in jail. A probation sentence is allowed in penal code 637.7 cases, but a probation sentence is not guaranteed.
Whether a probation sentence is granted after a misdemeanor conviction for illegal tracking by electronic means (aka invasion of privacy by electronic means) depends on the defendant’s criminal history, the presence or absence of any mitigating or aggravating factors in the case, the terms of a negotiated plea bargain, if any, and more.
Note: A probation sentence for misdemeanor PC 637.7(a) cases is one year in length and will come with conditions of probation, such as criminal protective orders, restitution fines, possible domestic violence classes if the defendant and the victim are domestically related, and more.
Work Release: A work release sentence is manual labor, such as trash collecting or working at a morgue, etc. Work release sentences are made part of probation sentence in many penal code 637.7 cases. For more information, see Work Release Sentence.
Additional Penalties: In addition to a jail or probation sentence, if the defendant is found guilty of unlawful tracking by electronic means, he or she will be ordered to stay away from any victim (criminal protective order), pay restitution for any financial loss to the victim, possibly lose his or her right to own or possess firearms, and more.
Note: The crime of electronic tracking without consent (PC 637.7(a)) is not a crime involving moral turpitude. For more information, see Crimes Involving Moral Turpitude & Immigration Consequences for Criminal Conduct.
Note: Businesses that illegal use tracking devices on the vehicles of their employees can lose their business license or professional license (PC 637.7(f) Abbrev.).
PC 637.7 Common Defenses
Common criminal defenses to track by electronic means charges include statute of limitations (One year from the date of the alleged offense), consent to track another person, mistake of fact, illegal search and seizure, spousal privilege, coerced confession, insufficient evidence, claim of right, and more.
Statutory Defenses: Per PC 637.7(b) the statute does not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of electronic tracking device with respect to that vehicle (PC 637.7(b) Abbrev.). PC 637.7 also does not apply to law enforcement agencies who track suspect vehicles as part of their law enforcement investigations.
Judicial Diversion: Judicial Diversion is a procedure whereby the defendant’s criminal prosecution is diverted, or circumvented, so that the defendant ends up with no criminal history of the alleged offense. Judicial diversion is allowed in penal code 637.7(a) cases, but judicial diversion is not guaranteed. To enter a judicial diversion program, the defendant must petition the court for relief (PC 1001.95).
For more information related to common defenses to crimes, including the use of illegal electronic tracking devices without consent, see Defenses to Criminal Charges.
To learn more about illegal tracking device on person or vehicle, or penal code 637.7, contact our criminal defense lawyers today for a free consultation. Our team of successful criminal defense lawyers have helped thousands of criminal defendants in Orange, Riverside, Los Angeles and San Bernardino County. Call today!
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