A person “is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both” if he or she:
•“[w]hile being the restrained party under a protective order, tracks the location of a motor vehicle operated or occupied by an individual protected under that order with a tracking device.” MCL 750.539l(1)(c).
•“[w]hile on probation or parole for an assaultive crime or a violation of [MCL 750.81(4)1] or [MCL 750.81(5)2], or [MCL 750.81a(2)] or [MCL 750.81a(3)],[3] tracks the location of a motor vehicle operated or occupied by a victim of that crime or by a family member of the victim of that crime without the knowledge and consent of that victim or family member.” MCL 750.539l(1)(d).
Note: MCL 750.539l also makes it a misdemeanor crime for a person to track, install, or place (or cause the installation or placement) of a tracking device on a vehicle without the owner’s or lessee’s knowledge and consent. MCL 750.539l(1)(a)-(b).
Several exceptions apply. See MCL 750.539l(2).
“A person who illegally installs or uses a tracking device . . . is liable for all damages incurred by the owner or lessee of the motor vehicle caused by the installation or use of the tracking device.” MCL 750.539l(4).
1 Formerly MCL 750.81(3). See 2016 PA 87, effective July 25, 2016. MCL 750.539l(1)(d) has not been amended to reflect the renumbering.
2 Formerly MCL 750.81(4). See 2016 PA 87, effective July 25, 2016. MCL 750.539l(1)(d) has not been amended to reflect the renumbering.
3 For a detailed discussion of domestic assaults under MCL 750.81 and MCL 750.81a, see Section 2.2.