28-1338.

Mobile tracking devices; prohibitions not applicable.

Section 28-1337 does not apply to any of the following:

(1) A mobile tracking device installed and used in compliance with sections 86-271 to 86-2,115;

(2) A mobile tracking device installed and used pursuant to a court order, including, but not limited to, as a condition of pretrial release, probation, parole, or post-release supervision;

(3) A parent or legal guardian of a minor child who installs or uses a mobile tracking device to track the minor child if any of the following applies:

(a) The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application;

(b) The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child;

(c) The parent or legal guardian of the child has sole custody of the child; or

(d) The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the mobile tracking device;

(4) A caregiver of a vulnerable adult or senior adult, if such adult's treating physician certifies that the installation or use of a mobile tracking device on such adult's property is necessary to ensure the safety of such adult;

(5) A person acting in good faith on behalf of a business entity for a legitimate business purpose or a governmental entity for a legitimate government purpose. This subdivision (5) does not apply to a private investigator;

(6)(a) A private investigator who is acting in the normal course of the business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the mobile tracking device is installed, for the purpose of obtaining information with reference to any of the following:

(i) Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity;

(ii) Locating an individual known to be a fugitive from justice;

(iii) Locating lost or stolen property or other assets that have been awarded by the court; or

(iv) Investigating claims related to workers' compensation.

(b) This subdivision (6) does not apply if the person on whose behalf the private investigator is working is the subject of a protection order or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator's services to aid in the commission of a crime;

(7) An owner or lessee of a motor vehicle who installs, or directs the installation of, a mobile tracking device on the motor vehicle during the period of ownership or lease, if any of the following applies:

(a) The mobile tracking device is removed before the motor vehicle's title is transferred or the motor vehicle's lease expires;

(b) The new owner of the motor vehicle, in the case of a sale, or the lessor of the motor vehicle, in the case of an expired lease, consents in writing to the nonremoval of the mobile tracking device; or

(c) The owner of the motor vehicle at the time of the installation of the mobile tracking device was the original manufacturer of the motor vehicle; or

(8) A person or business entity that installs a mobile tracking device on any fixed-wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed-wing aircraft or rotorcraft.