Creates offense of tracking for unlawful purpose; imposes enhanced penalties.
The motivation behind A1540 is the increasing concern that the misuse of tracking technologies can lead to serious crimes, including instances of domestic violence, sexual assaults, and vehicle thefts. By imposing stricter penalties for the unlawful tracking of individuals, the bill aims to deter harmful behaviors while protecting potential victims from stalking and harassment.
Assembly Bill A1540 introduces a new offense concerning the unlawful use of tracking devices, particularly focusing on the tracking of vehicles through technologies like GPS. The bill categorizes this act as a fourth-degree crime, which is typically punishable by up to 18 months of imprisonment and a fine of up to $10,000. However, this bill stipulates enhanced penalties, enforcing that those convicted will be subject to extended imprisonment terms as set forth by the relevant statutes.
While there appears to be general support for the intentions of the bill, there may be concerns regarding the potential for abuse of power in law enforcement or overreach in misclassifying benign uses of tracking devices. Moreover, privacy advocates may voice apprehension over how broadly the definitions of 'unlawful purposes' are applied, potentially criminalizing individuals for actions that might not constitute true malicious intent.