(a) A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person with the intent to surveil, stalk, or harass, or for any other unlawful purpose, is guilty of the crime of electronic stalking in the first degree.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felony2 to 20 yearsup to $30,000
Class C felony1 to 10 yearsup to $15,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-6 and Ala. Code § 13A-5-7

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Terms Used In Alabama Code 13A-6-95

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(b)

(1) Except as otherwise provided in subdivision (2), a violation of this section is a Class C felony.
(2) A person who violates this section and whose conduct violates an existing domestic violence protection order, elder abuse protection order, temporary restraining order, or any other court order, shall be guilty of a Class B felony.
(c) In any criminal proceeding brought pursuant to this section, the crime shall be considered to have been committed in all of the following:

(1) The county in which any part of the crime took place.
(2) The county where the electronic tracking device was discovered.
(3) The county of residence of the owner of the property.
(d) The statute of limitations shall begin at the time of the discovery of the electronic tracking device.