New Jersey Senate Bill S549

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Makes it a fourth degree crime to engage in certain tracking and location activities.

Impact

S549 holds individuals accountable for unauthorized tracking behaviors, particularly in scenarios where the intent is to harass or stalk another individual, framing these as serious criminal offenses. By formalizing the definition of both 'electronic tracking devices' and 'tracking applications', the bill aims to clarify the legal framework surrounding such technologies and delineate the boundaries of acceptable use. Furthermore, certain use cases involving tracking will be permissible, such as tracking minors by parents or guardians, or tracking under the context of health concerns, which indicates a recognition of contexts where tracking can be justified.

Summary

Senate Bill 549 (S549) addresses the use of electronic tracking devices and tracking applications by establishing penalties for unlawful tracking activities. Specifically, the bill classifies the knowing installation or use of such devices in order to facilitate unlawful acts as a fourth degree crime. Offenders face a maximum prison term of 18 months, fines up to $10,000, or both. This legislation presents a significant advancement in the protection of privacy rights for individuals by deterring potential abuses associated with electronic surveillance.

Contention

However, the bill has sparked discussions about the balance between privacy rights and lawful monitoring activities. Some stakeholders may argue that the definition of unlawful tracking is broad, potentially conflicting with legitimate uses in business and caregiving environments. Exemptions for government actions also raise questions about accountability and oversight for public entities. Critics may voice concerns regarding the inadvertent consequences this law could have, particularly in terms of enforcing consent and how it interacts with domestic situations and relationships.