Legal Question in Criminal Law in Texas

The Texas Penal Code, Section 16.06 reads "A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person." The issue in this case may come down to whether the vehicle is co-owned by the husband and wife. Even though the vehicle may be titled in her name, Texas is a community property state, so pretty much any property obtained during the marriage is co-owned by both of them. Since they were still married at the time of this incident, they still own the property together (in my opinion), therefore no offense has been committed. She should probably discuss this with her lawyer to see if he or she has a different take on this question.