Offenses Against Persons
Unlawful use of a global positioning system device
(1)A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle.
(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.
(b)Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:
(A)Has been previously convicted of stalking under ORS 163.732 (Stalking), violating a court’s stalking order under ORS 163.750 (Violating a court’s stalking protective order) or committing an equivalent crime in another jurisdiction; or
(B)Is the subject of a citation issued under ORS 163.735 (Citation), an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation) or another court order prohibiting the person from contacting another person.
(3)This section does not apply to:
(a)A police officer who affixes a global positioning system device to a motor vehicle pursuant to a warrant or court order; or
(b)A person who affixes a global positioning system device to a motor vehicle operated by a motor carrier.
(4)As used in this section:
(a)“Global positioning system device” means an electronic device that permits the tracking of a person or object by means of global positioning system coordinates.
(b)“Motor carrier” has the meaning given that term in ORS 825.005 (Definitions).
(c)“Police officer” has the meaning given that term in ORS 133.525 (Definitions for ORS 133.525 to 133.703). [2017 c.649 §1]
Law Review Citations
51 OLR 427-637 (1972)