Private Use of Location Tracking Devices: State Statutes (2024)

Alaska

Alaska Code § 11-41-270(H)

Stalking

Stalking includes following or monitoring a person with a global positioning device or similar technological means.

Arizona

Ariz. Rev. Stat. § 13-2923

Stalking

Stalking includes the use of any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.

California

Cal. Pen. Code § 637.7

Miscellaneous Crimes

Prohibits using electronic tracking devices to follow people, with some exemptions.

Defines an "electronic tracking device" as "any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals."

Connecticut

CGS § 53a-181f

Electronic stalking: Class B misdemeanor.

A person is guilty of electronic stalking when such person recklessly causes another person to reasonably fear for his or her physical safety by wilfully and repeatedly using a global positioning system or similar electronic monitoring system to remotely determine or track the position or movement of such other person.

Delaware

11 Del. C. § 1335(8)

Offenses Against Public Health, Order and Decency

Delaware prohibits individuals from knowingly installingan electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of the vehicle.

Florida

Fla. Stat. § 934.425

Security of Communications, Surveillance

A person may not knowingly install a tracking device or tracking application on another person’s property without the other person’s consent.

(3) For purposes of this section, a person’s consent is presumed to be revoked if:

(a) The consenting person and the person to whom consent was given are lawfully married and one person files a petition for dissolution of marriage from the other; or

(b) The consenting person or the person to whom consent was given files an injunction for protection against the other person.

Hawaii

H.R.S. § 803-41,H.R.S. § 803-42

Electronic Eavesdropping

Prohibits intentional use of a mobile tracking device without first obtaining a search warrant or other order, unless the device is installed consent.

Defines "tracking device" as "an electronic or mechanical device that permits the tracking of the movement of a person or object."

Illinois

720 ILCS 5/12-7.3

Stalking

A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraing to that person or a family member of that person.

(7) "Places a person under surveillance" means: (1) remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.

Illinois

720 ILCS 5/21-2.5

Trespass

Prohibits use of an electronic tracking device to determine the location or movement of a person.

“Electronic tracking device” means any device attached to a vehicle that reveals its location or movement by the transmission of electronic signals.

Louisiana

La. R.S. § 14:323

Tracking devices prohibited; penalty

Prohibits any person from using a tracking device to determine the location or movement of another person without consent.

A "tracking device" means any device that reveals its location or movement by the transmission of electronic signals.

Maryland

Md. Stat. § 3-802

Stalking

Provides that stalking includes conduct described that occurs: (i) in person; (ii) by electronic communication, as defined in § 3–805 of this subtitle; or (iii) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.

Michigan

MCLS 750.5392Tracking device; placement or installment on motor vehicle without consent

Prohibits placing a tracking device in or on a motor vehicle without consent.

"Tracking device" means any electronic device that is designed or intended to be used to track the location of a motor vehicle regardless of whether that information is recorded.

Minnesota

Minn. Stat. § 626A.35

General pro-hibition on pen register, trap and trace device and mobile tracking device use

Prohibits any individual from using a tracking device without a court order authorizing them to do so, with one exception.

Defines "mobile tracking device" as an electronic or mechanical device that permits the tracking of the movement of a person or object.

New Hampshire

N.H. Rev. Stat. § 644-A:4Conditions of Use of Location Information.

No individual or person shall, without consent, place, locate, or install an electronic device on the person or property of another and obtain location information from such electronic device.

"Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service, including without limitation a cellular telephone."

New York

NY CLS Penal § 120.45

Stalking in the fourth degree

For the purposes of subdivision two of this section, “following” shall include the unauthorized tracking of such person’s movements or location through the use of a global positioning system or other device.

A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:…

2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct....

North Carolina

NCGS § 14-196.3

Cyberstalking

Makes it unlawful to knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of any person.

Electronic tracking device is"an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person."

North Dakota

N.D. Cent. Code, § 12.1-17-07.1

Stalking

The definition of stalk includes…

(2) The unauthorized tracking of the person’s movements or location through the use of a global positioning system or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed and which serves no legitimate purpose.

Oklahoma

21 Okl. St. § 1173

Stalking

For purposes of determining the crime of stalking, the following definitions shall apply: ....6. “Following” shall include the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked; provided, this shall not apply to the lawful use of a GPS device or other monitoring device or to the use by a new or used motor vehicle dealer or other motor vehicle creditor of a GPS device or other monitoring device, including a device containing technology used to remotely disable the ignition of a motor vehicle, in connection with lawful action after default of the terms of a motor vehicle credit sale, loan or lease, and with the express written consent of the owner or lessee of the motor vehicle.

Oregon

ORS § 163.715

Offenses against persons

Establishes 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.

Rhode Island

R.I. Gen. Laws § 11-69-1

Electronic tracking of motor vehicles

It is an offense for a person to knowingly install, conceal, or otherwise place or use an electronic tracking device in or on a motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose of monitoring or following the operator, occupant, or occupants of the vehicle.

Tennessee

Tenn. Code Ann. § 39-13-606

Electronic tracking of motor vehicles

Tennessee makes it illegal for an individual to install, conceal, or otherwise place a mobile tracking device in a motor vehicle.

Texas

Tex. Penal Code § 16.06

Unlawful installation of tracking device

Provides that it is illegal for any individual to place a tracking device in a motor vehicle, while providing for some exceptions.

Defines "Electronic or mechanical tracking device" as a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.

Utah

Utah Code § 76-9-408

Unlawful installation of a tracking device

Prohibits a person from knowingly installing, or directing another to install, a tracking device on a motor vehicle owned or leased by another person, without the permission of the owner or lessee of the vehicle.

Virginia

Va. Code § 18.2-60.5

Unauthorized use of electronic tracking device

Prohibits using an electronic tracking device, through intentionally deceptive means, to track the location of any person without consent.

Defines "Electronic tracking device" as an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.

Washington

RCW§ 98.90.130
Cyberstalking

Prohibits installing or monitoring an electronic tracking device with the intent to track the location of another person if the installation or monitoring of the tracking device would cause the other person reasonable fear.

Wisconsin

Wisc. Stat. § 940.315

Global positioning devices

(1) Whoever does any of the following is guilty of a Class A misdemeanor:

(a) Places a global positioning device or a device equipped with global positioning technology on a vehicle owned or leased by another person without that person’s consent.

(b) Intentionally obtains information regarding another person’s movement or location generated by a global positioning device or a device equipped with global positioning technology that has been placed without that person’s consent.

Wyoming

Wyo. Stat. § 6-2-506

Stalking; penalty.

Provides that a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:….
(iv) Using any electronic, digital or global positioning system device or other electronic means to place another person under surveillance or to surveil another person's internet or wireless activity without authorization from the other person.

District of Columbia

DC Code § 22-3132

Stalking

It is unlawful for a person to purposefully engage in a course of conduct directed at a specific individual: ….

  • To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:
  • Follow, monitor, place under surveillance, threaten, or communicate to or about another individual; ….

(1) “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass.

Private Use of Location Tracking Devices: State Statutes (2024)

FAQs

Private Use of Location Tracking Devices: State Statutes? ›

Generally, California Penal Code

California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
https://en.wikipedia.org › wiki › California_Penal_Code
section 637.7 prohibits individuals from using electronic tracking devices to determine the location or movement of a person. However, an important exception allows registered owners, lessors, or lessees of vehicles to use electronic tracking devices to track their own vehicles.

Is it illegal to track someone's location without their consent? ›

In six states (California, Florida, Hawaii, Louisiana, Minnesota, New Hampshire and Virginia) laws more broadly prohibit the use of electronic tracking devices, not just on vehicles, and not just in the context of stalking, but when they are used to determine the location or movement of a person without consent.

Is location tracking an invasion of privacy? ›

Location tracking in software applications used in our work and personal lives not only threatens privacy, but may have legal ramifications.

Are private investigators allowed to use tracking devices? ›

Investigation v/s Stalking

An investigator license permits an investigator to follow someone. Once it is clear that the reason is legal and they have no intention to hurt someone, a private investigator can put a GPS tracker on a vehicle or belongings.

What is Section 637.7 of the California Penal Code? ›

Section 637.7 prohibits the use of “an electronic tracking device to determine the location or movement of a person.” Cal Penal Code § 637.7(a). The wording of the statute explicitly prohibits tracking the location or movement of a person, not a vehicle.

Do you need permission to track someone? ›

It is perfectly legal to track a car you own. If it's an asset you own, and it's likely that the asset would be taken without your permission, you can also absolutely track it, regardless of what it is. You can track your children if they are under 18.

Is it illegal to AirTag someone without them knowing? ›

The bottom line is that AirTags are tracking devices, and while tracking devices can help you find your keys, they can also be used for nefarious purposes. Regardless of the limited exceptions carved out in the law, you should never use an AirTag to track any person without first consulting with an attorney.

Are geolocation devices a threat to privacy? ›

Another privacy issue linked to geolocation tracking is stalking. People may unknowingly share their real-time location with everyone, including potential stalkers, who follow them on social media.

Can I stop someone from tracking my location? ›

Turn off location settings

Turning off the location-based features of your phone can prevent GPS tracking. Switching to airplane mode will do this for you, but you can also turn off GPS tracking as an isolated feature on many devices, allowing you to still use your phone to make calls and access the internet.

Can someone track my iPhone location without my permission? ›

Yes, a partner, parent, or even employer can gain remote, real-time access to your iPhone using spying software. Spyware can track your GPS location, record your keypad inputs such as credit card numbers and passwords, and monitor your calls, texts, app usage, emails, voice, and other personal data.

What to do if someone puts a tracker on your car? ›

If you find a tracker in your car or other belongings and suspect that someone is tracking you without your consent, the first thing to do is contact help and get to a safe location. Bear in mind if someone is tracking you they can likely see where you're going, so use your best judgment on the safest course of action.

How to tell if a private investigator is following you? ›

Skilled PIs often use discreet methods of surveillance, but their presence can still be detected. Take note of any cars you don't recognize that seem to be stationed near your locations. Odd background noises, clicks, or echoes on phone calls. Experienced PIs sometimes monitor and track targets by tapping phone lines.

How do private investigators track people down? ›

Social media can give us access to that person's friends list, last known locations and even their images can give us an indication of their current location. Private investigators also have specialist tools from which they can download an image from the internet and get location data from.

What is Section 72 of the California Penal Code? ›

Penal Code Section 72 punishes those individuals who attempt to defraud government institutions by presenting fraudulent claims, bills, or vouchers.

What is Section 1170 of the California Penal Code? ›

California Penal Code section 1170(d) allows courts to revoke an inmate's original sentence and replace it with a lesser sentence. This is referred to as “resentencing.” Recent changes to this law have made resentencing more accessible to inmates in California's jails and prisons.

What is Section 30352 of the California Penal Code? ›

Prior to delivering any ammunition, an ammunition vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the ammunition is a person or entity listed in subdivision (e) or one of the following: (1) A person authorized to purchase ammunition pursuant to Section 30370.

Can someone track you without your knowledge? ›

Whether it's done by apps, hackers, strangers, or even people you know, your phone can be tracked without your knowledge. 42matters found that 81.24% of iOS apps track users' private information, while 31.13% use data linked to users.

Is it illegal to access someone's phone without permission? ›

The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.

Can police put a tracker on your car without you knowing? ›

Police officers regularly use GPS trackers to follow potential suspects and can install a GPS tracker on your vehicle without your knowledge. But what if it is installed on your vehicle without the police first obtaining a warrant? You should immediately contact a lawyer at The Juba Law Office for help.

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