Location Tracking and Monitoring
Important: Bridging the Boundary does not provide legal advice. Laws vary by state and change over time. The information provided here is intended to help individuals understand potential legal protections and locate official resources. This site does not offer legal advice nor should its contents be taken as such.
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There is no general federal criminal statute that specifically prohibits a private person from placing a GPS tracking device on another person's vehicle or property. That conduct is primarily governed by state law.
The principal federal statute that may apply is:
Penal Code: 18 U.S.C. § 2261A (Federal Stalking)
A person commits federal stalking by traveling in interstate or foreign commerce, or using the mail, the internet, electronic communication services, or another facility of interstate commerce, with the intent to kill, injure, harass, intimidate, or place another person under surveillance, and engaging in a course of conduct that causes the victim to reasonably fear death or serious bodily injury or causes, attempts to cause, or would reasonably be expected to cause substantial emotional distress. The statute can apply to electronic surveillance, including GPS tracking, when the required interstate nexus and intent are present. Violations are federal felonies, with penalties that increase depending on the resulting harm.
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Penal Code: Alabama Code § 13A-6-90 (Stalking in the First Degree)
A person commits first-degree stalking by intentionally and repeatedly following or harassing another person and making an express or implied threat with the intent to place that person in reasonable fear of death or serious bodily harm. First-degree stalking is a Class C felony.
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Penal Code: Alaska — AS § 11.41.270(b)(4)(H)
Under Alaska's stalking law, "nonconsensual contact" includes following or monitoring another person using a global positioning (GPS) device or similar technological means without their consent. This type of electronic tracking can be used as one of the repeated acts that establishes a "course of conduct" for a stalking offense.
This provision is part of Alaska's broader stalking statute, which makes it a crime to knowingly engage in repeated nonconsensual contact that recklessly places another person in fear of death or physical injury to themselves or a family member.
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Penal Code: Arizona Revised Statutes § 13-2923 (Stalking)
A person commits stalking in Arizona by intentionally or knowingly engaging in a course of conduct directed at another person that causes the victim to either suffer significant emotional distress or reasonably fear property damage or physical injury, or reasonably fear death to themselves or certain others. A "course of conduct" includes repeated following, threats, unauthorized electronic surveillance (including GPS or internet monitoring), or repeated unwanted electronic communications. Stalking that causes fear of injury or property damage is a Class 5 felony, while stalking that causes fear of death is a Class 3 felony. Constitutionally protected or otherwise authorized conduct is excluded.
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Penal Code: Arkansas Code § 5-71-229 (Stalking)
A person commits stalking in Arkansas by knowingly engaging in a course of conduct—generally two or more actswithin one year that may include following, monitoring, surveillance, threats, communications, or interference with property—that places a reasonable person in emotional distress and fear for their safety or the safety of another, or by making terroristic threats that place another in fear of death or serious bodily injury. Depending on the circumstances, stalking is classified as a Class B felony (first degree), Class C felony (second degree), or Class A misdemeanor (third degree). Constitutionally protected activity is excluded from the definition of a course of conduct.
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Penal Code: California Penal Code § 637.7
California law prohibits using an electronic tracking device to determine a person's location or movements without authorization. An "electronic tracking device" is any device attached to a vehicle or other movable object that reveals its location through electronic signals. The law does not apply when the registered owner, lessor, or lessee of the vehicle has consented, or when law enforcement uses a tracking device lawfully. A violation is a misdemeanor, and licensed businesses that violate the law may also face professional license revocation.
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Penal Code: Colorado Revised Statutes § 18-3-602 (Stalking)
A person commits stalking in Colorado by knowingly making a credible threat and repeatedly following, approaching, contacting, communicating with, or placing another person under surveillance, or by repeatedly engaging in those behaviors in a manner that would cause a reasonable person to suffer serious emotional distress and that does cause such distress. Stalking is generally a Class 5 felony, with enhanced penalties for repeat offenses or stalking committed in violation of a protective order, probation, or parole. Colorado courts have recognized that placing a GPS or other electronic surveillance device on a victim's vehicle can constitute repeated surveillance under the stalking statute.
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Penal Code: Connecticut — C.G.S. § 53a-182b / § 53a-183
Connecticut prohibits using electronic or written communications to harass, annoy, or alarm another person. The Penal Code: Connecticut General Statutes § 53a-181f (Electronic Stalking)
A person commits electronic stalking by using electronic communication or monitoring technology to repeatedly engage in conduct directed at a specific person in a way that would cause a reasonable person to fear for their safety or suffer substantial emotional distress, and that does cause such fear or distress. Electronic stalking is a Class B misdemeanor.
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Penal Code: 11 Del. C. § 1335(a)(8) (Violation of Privacy)
Delaware law prohibits knowingly installing an electronic or mechanical location-tracking device on or in a motor vehicle without the consent of the vehicle's registered owner, lessor, or lessee. The law does not apply to lawful law enforcement use or to a parent or legal guardian who installs a tracking device to monitor their minor child. A violation is a Class A misdemeanor.
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Penal Code: Florida Statutes § 934.425
Florida law prohibits knowingly installing or placing a tracking device or tracking application on another person's property without that person's consent. The law includes exceptions for lawful law enforcement activities, certain parents or guardians tracking a minor child, caregivers of vulnerable adults with consent, vehicle lienholders, licensed private investigators acting within the law, and other situations authorized by statute. A violation is generally a second-degree misdemeanor.
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Georgia does not currently have a standalone criminal statute specifically prohibiting private GPS tracking devices, although legislation has been proposed. However, unauthorized GPS tracking may constitute stalking or surveillance that invades another's privacy depending on the circumstances. (DataGuidance)
Penal Code: Georgia Code § 16-5-90 (Stalking)
A person commits stalking by following, placing another person under surveillance, or contacting them without their consent for the purpose of harassing and intimidating them. "Contact" includes communications made through electronic devices, and unauthorized electronic surveillance—including GPS tracking—may satisfy the statute when it is part of a course of conduct intended to harass or intimidate. Stalking is generally a misdemeanor, with aggravated stalking constituting a felony under specified circumstances. (FindLaw)
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Penal Code: Hawaii Revised Statutes §§ 803-41 & 803-42 (Electronic Eavesdropping)
Hawaii law generally prohibits the intentional installation or use of a mobile tracking device to determine another person's location or movements without lawful authority or consent. The statutes establish the legal framework governing the use of tracking devices, including procedures and limitations for law enforcement use. Unauthorized use of a tracking device may result in criminal penalties and the exclusion of unlawfully obtained evidence.
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Idaho does not currently have a standalone statute specifically prohibiting private GPS tracking devices. However, unauthorized GPS or electronic tracking may be prosecuted under the state's stalking law when it forms part of a prohibited course of conduct. (FindLaw)
Penal Code: Idaho Code § 18-7906 (Stalking in the Second Degree)
A person commits stalking by knowingly and maliciously engaging in a course of conduct that seriously alarms, annoys, or harasses another person, causing the victim to suffer substantial emotional distress or to reasonably fear death or physical injury. A "course of conduct" includes repeated nonconsensual contact by any action, method, device, or means, which can encompass electronic or GPS-based tracking. Stalking in the second degree is generally a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both, while aggravating circumstances may elevate the offense to first-degree stalking. (FindLaw)
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Penal Code: 720 ILCS 5/12-7.3 (Stalking)
A person commits stalking in Illinois by knowingly engaging in a course of conduct directed at a specific person that the person knows or should know would cause a reasonable person to fear for their safety or the safety of another, or suffer significant emotional distress. A course of conduct includes two or more acts, such as following, monitoring, surveillance, threats, unwanted communications (including electronic communications), or other nonconsensual contact. Stalking is generally a Class 4 felony, with a second or subsequent conviction elevated to a Class 3 felony.
Penal Code: 720 ILCS 5/21-2.5 (Electronic Tracking Devices Prohibited)
Illinois law prohibits using an electronic tracking device to determine another person's location or movements without authorization. The law provides exceptions for situations such as consent from the vehicle's registered owner, lessor, or lessee, lawful law enforcement use, certain business-owned or state-owned vehicle tracking, and manufacturer-installed telematics services. A violation is generally a Class A misdemeanor.
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Penal Code: Indiana Code § 35-46-8.5-1 (Unlawful Surveillance)
A person commits unlawful surveillance in Indiana by knowingly or intentionally placing a tracking device on an individual or on property owned or used by an individual without that person's knowledge or consent. The law contains exceptions for lawful uses, such as certain law enforcement activities and other authorized purposes. A violation is generally a Class A misdemeanor.
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Penal Code: Iowa Code § 708.11A (Unauthorized Placement of Global Positioning Device)
Iowa law prohibits placing or using a global positioning (GPS) device on another person or that person's property without consent or a legitimate purpose. The statute includes exceptions for authorized uses, including certain business and law enforcement activities. A violation is generally a serious misdemeanor.
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Penal Code: Kansas Statutes § 21-5427 (Stalking)
A person commits stalking by recklessly engaging in a course of conduct targeted at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. A course of conduct may include using an electronic tracking device or other electronic means to monitor a person's location or movements. Stalking is generally a severity level 9 person felony.
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Penal Code: Kentucky Revised Statutes § 508.152 (Unlawful Use of a Tracking Device)
A person commits unlawful use of a tracking device by intentionally installing, placing, or using a tracking device to monitor a motor vehicle without the knowledge and consent of the owner, lessee, or authorized operator, or by using a tracking device in violation of certain protective orders or supervision conditions. The statute includes several exceptions for authorized uses. A violation is a Class A misdemeanor.
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Penal Code: Louisiana Revised Statutes § 14:323 (Tracking Devices Prohibited)
Louisiana law prohibits knowingly installing or placing a tracking device on another person's motor vehicle without that person's consent for the purpose of monitoring the vehicle's location or movements. The statute includes exceptions for lawful law enforcement activities, parents or legal guardians in certain circumstances, vehicle owners or lessors, and other uses authorized by law. A violation is generally a misdemeanor, punishable by up to six months in jail, a fine of up to $500, or both.
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Maine does not have a standalone statute prohibiting private GPS tracking. Instead, GPS and other electronic monitoring can be prosecuted under the state's stalking law.
Penal Code: Maine Revised Statutes, Title 17-A, § 210-A (Stalking)
A person commits stalking by intentionally or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to suffer emotional distress, fear bodily injury, death, property damage, or harm to a close relation or animal, and that does cause such fear or distress. A "course of conduct" includes two or more acts carried out by any action, method, device, or means, which can encompass electronic or GPS-based monitoring. Stalking is generally a Class D crime, with enhanced penalties for violations involving protective orders or prior convictions.
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Penal Code: Maryland Code, Criminal Law § 3-802 (Stalking)
A person commits stalking by maliciously engaging in a course of conduct that includes approaching or pursuing another person where the person intends to place, or knows or reasonably should know the conduct would place, the victim in reasonable fear of serious bodily injury, assault, rape, false imprisonment, or death, or cause serious emotional distress. A course of conduct includes conduct through the use of electronic communication or electronic surveillance, including GPS or other electronic tracking. Stalking is generally a misdemeanor, punishable by up to 5 years' imprisonment, a fine of up to $5,000, or both.
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Massachusetts does not currently have a standalone criminal statute prohibiting private individuals from placing a GPS tracking device on another person's vehicle. Bills creating such a prohibition have been introduced repeatedly but have not been enacted. Unauthorized GPS tracking may instead be prosecuted under other laws, such as criminal harassment or stalking, depending on the facts. Massachusetts courts have also held that law enforcement generally must obtain a warrant before installing a GPS tracking device on a vehicle.
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Penal Code: Michigan Compiled Laws § 750.539l (formerly cited as MCL § 750.5392) (Tracking Device on a Motor Vehicle)
Michigan law prohibits knowingly placing or installing a tracking device on another person's motor vehicle without the owner's or lessee's consent to monitor the vehicle's location or movements. The statute includes exceptions for lawful law enforcement activities, vehicle owners or lessors, certain parents or guardians, and other uses authorized by law. A violation is generally a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.
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Penal Code: Minnesota Statutes § 626A.35 (Use of Mobile Tracking Devices)
Minnesota law generally prohibits the installation or use of a mobile tracking device to determine a person's location or movements without lawful authority. The statute establishes that law enforcement must obtain a court order before using a mobile tracking device, except where otherwise authorized by law. Unauthorized use of a tracking device may violate Minnesota law and can result in criminal or other legal consequences.
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Mississippi does not currently have a statute specifically prohibiting private GPS tracking devices. A bill to create one was introduced but was not enacted. Instead, conduct involving GPS tracking may be prosecuted under Mississippi's stalking statute if the required elements are met. (Bill Status)
Penal Code: Mississippi Code § 97-3-107 (Stalking)
A person commits stalking by willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. Repeated GPS or electronic tracking may constitute evidence of stalking when it is part of a course of conduct that satisfies these elements. Stalking is generally a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both, while aggravated stalking is a felony under specified circumstances. (Justia)
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Penal Code: Missouri Revised Statutes § 565.227 (Stalking in the Second Degree)
A person commits stalking in Missouri by purposely engaging in a course of conduct that disturbs or follows another person with the intent to disturb them. A "course of conduct" includes two or more acts, such as following, monitoring, surveillance (including electronic or GPS tracking), unwanted communications, or other conduct directed at a specific person that would cause a reasonable person to suffer emotional distress. Stalking in the second degree is generally a Class A misdemeanor, with enhanced penalties for repeat offenses and certain protected victims.
Note: As of mid-2026, Missouri still does not have a standalone criminal statute specifically prohibiting private GPS tracking devices, although legislation to create one has been introduced in recent sessions.
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Penal Code: Missouri Revised Statutes § 565.227 (Stalking in the Second Degree)
A person commits stalking in Missouri by purposely engaging in a course of conduct that disturbs or follows another person with the intent to disturb them. A "course of conduct" includes two or more acts, such as following, monitoring, surveillance (including electronic or GPS tracking), unwanted communications, or other conduct directed at a specific person that would cause a reasonable person to suffer emotional distress. Stalking in the second degree is generally a Class A misdemeanor, with enhanced penalties for repeat offenses and certain protected victims. (WomensLaw.org)
Note: As of mid-2026, Missouri still does not have a standalone criminal statute specifically prohibiting private GPS tracking devices, although legislation to create one has been introduced in recent sessions. (BillTrack50)
Penal Code: Montana Code Annotated § 45-5-220 (Stalking)
A person commits stalking in Montana by purposely or knowingly engaging in a course of conduct directed at a specific person that causes the person to reasonably fear for their own safety or the safety of another, or to suffer substantial emotional distress. A "course of conduct" includes two or more acts, such as following, monitoring, observing, surveilling, threatening, or communicating with another person, including by electronic means. Stalking is generally a misdemeanor for a first offense, with enhanced penalties for repeat offenses or violations involving protective orders.
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Penal Code: Nebraska Revised Statutes § 28-311.03 (Stalking)
A person commits stalking by knowingly and willfully engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. A "course of conduct" includes repeated acts of following, monitoring, surveilling, contacting, or communicating, whether directly or indirectly. Stalking is generally a Class I misdemeanor, with enhanced penalties for repeat offenses, violations of protection orders, or other aggravating circumstances. Nebraska does not currently have a standalone criminal statute specifically prohibiting private GPS tracking, although legislation to create one has been proposed.
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Penal Code: Nevada Revised Statutes § 200.575 (Stalking)
A person commits stalking by willfully or maliciously engaging in a course of conduct directed at another person that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or the safety of a family or household member. A course of conduct may include following, monitoring, or electronic surveillance, including the use of a tracking device as part of the prohibited conduct. Stalking is generally a misdemeanor for a first offense, while aggravated stalking—such as stalking accompanied by threats or committed in violation of a protective order—is a Category B felony.
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Penal Code: New Hampshire Revised Statutes § 644-A:4 (Conditions of Use of Location Information)
New Hampshire law prohibits placing, locating, or installing an electronic device on another person's person or property to obtain location information without that person's consent. Exceptions apply for parents, foster parents, or legal guardians tracking a minor child, legal guardians tracking a ward, and individuals under house arrest, probation, or parole who are issued ankle bracelets. Violations may result in criminal penalties and civil liabilityunder the chapter. (law.justia.com)
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Penal Code: New Jersey Statutes § 2C:12-10 (Stalking)
A person commits stalking by purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person, or suffer emotional distress. A course of conduct includes repeatedly maintaining visual or physical proximity, monitoring, observing, surveilling, threatening, or communicating with another person by any action, method, device, or means, including electronic means. Stalking is generally a crime of the fourth degree, with enhanced penalties for repeat offenses or violations of protective orders.
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Penal Code: New Mexico Statutes § 30-3A-3.1 (Stalking)
A person commits stalking by knowingly pursuing a pattern of conduct that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or to suffer substantial emotional distress. A pattern of conduct includes repeatedly following, monitoring, surveilling, threatening, or communicating with another person, including through electronic communications or other electronic means. Stalking is generally a misdemeanor for a first offense and becomes a fourth-degree felony for subsequent offenses or when committed in violation of a protective order.
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Penal Code: New York Penal Law § 120.45 (Stalking in the Fourth Degree)
A person commits stalking in the fourth degree by intentionally engaging in a course of conduct directed at a specific person, without a legitimate purpose, when they know or reasonably should know that the conduct is likely to cause fear of physical harm or property damage, cause material emotional harm after being told to stop, or threaten the person's employment. The statute expressly provides that "following" includes the unauthorized tracking of a person's movements or location through the use of a GPS or other tracking device. Stalking in the fourth degree is a Class B misdemeanor. (nysenate.gov)
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Penal Code: North Carolina General Statutes § 14-196.3 (Cyberstalking)
North Carolina law prohibits using email, electronic communication, or an electronic device to threaten bodily harm or property damage, extort something of value, repeatedly harass or embarrass someone, knowingly send certain false statements about a person or their household, or knowingly allow a device to be used for those purposes. It also prohibits knowingly installing, placing, or using an electronic tracking device without consent to track another person’s location, subject to statutory exceptions. Cyberstalking is generally a Class 2 misdemeanor. (North Carolina General Assembly)
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Penal Code: North Dakota Century Code § 12.1-17-07.1 (Stalking)
A person commits stalking by intentionally engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety, the safety of another, or to suffer substantial emotional distress. A course of conduct includes two or more acts, such as following, monitoring, surveilling, threatening, or communicating with another person, including through electronic means. Stalking is generally a Class A misdemeanorfor a first offense and may be elevated to a Class C felony under aggravating circumstances, such as prior stalking convictions or violations of a protection order.
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Penal Code: Ohio Revised Code § 2903.216 (Illegal Use of a Tracking Device or Application)
A person commits the offense by knowingly installing a tracking device or tracking application on another person's property without their consent, causing a tracking device or application to track another person or their property without consent, or failing to remove a tracking device or application after consent has been revoked. The statute provides exceptions for law enforcement, parents or guardians in certain circumstances, vehicle lessors, employers, bail bond agents, and other authorized uses. A first offense is generally a first-degree misdemeanor, with enhanced penalties for repeat offenses and other aggravating circumstances.
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Penal Code: Oklahoma Statutes Title 21, § 1173 (Stalking)
A person commits stalking by willfully, maliciously, and repeatedly following or harassing another person in a manner that causes the victim to feel frightened, intimidated, threatened, harassed, or to fear death or bodily injury to themselves, a family or household member, or someone with whom they have a dating relationship. A "course of conduct" includes two or more separate acts, including conduct carried out through electronic communications, electronic monitoring, or other technological means. Stalking is generally a misdemeanor for a first offense and may be elevated to a felony for repeat offenses or when committed in violation of a protective order or other aggravating circumstances.
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Penal Code: Oregon Revised Statutes § 163.715 (Definitions for Stalking)
Oregon law defines a "course of conduct" for stalking as repeated unwanted contact with another person, including contact made in person, by mail, telephone, electronic communication, or other means. The statute provides the definitions used for Oregon's stalking laws, including what constitutes contact and repeated conduct directed at a specific person. These definitions are used in conjunction with Oregon's stalking offense, which prohibits repeated unwanted contact that causes a person to reasonably fear for their safety or the safety of a family member. (oregonlegislature.gov)
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Pennsylvania currently does not have a standalone criminal statute specifically prohibiting private GPS tracking, although legislation to create one has repeatedly been introduced and remains under consideration. Unauthorized GPS tracking may instead be prosecuted under the state's stalking law when it forms part of a prohibited course of conduct. (City & State Pennsylvania)
Penal Code: 18 Pa. Cons. Stat. § 2709.1 (Stalking)
A person commits stalking by engaging in a course of conduct or repeatedly committing acts directed at another person, including following or repeated communications, with the intent to place the person in reasonable fear of bodily injury or to cause substantial emotional distress. Repeated GPS or electronic tracking may constitute stalking when used as part of such a course of conduct. Stalking is generally a first-degree misdemeanor, and a third-degree felony for repeat offenses or when committed in violation of certain court orders. (alvafirm.com)
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Penal Code: Rhode Island General Laws § 11-69-1 (Electronic Tracking of Motor Vehicles)
Rhode Island law prohibits knowingly installing or using an electronic tracking device on another person's motor vehicle without the consent of the vehicle's owner or authorized user to monitor the vehicle's location or movements. The statute includes exceptions for lawful law enforcement activities, parents or legal guardians in certain circumstances, vehicle owners or lessors, and other uses authorized by law. A violation is generally a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.
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Penal Code: South Carolina Code § 16-3-1700 et seq. (Stalking)
A person commits stalking by engaging in a pattern of words or conduct directed at a specific person without a legitimate purpose that would cause a reasonable person to fear death, assault, bodily injury, criminal sexual contact, kidnapping, or property damage to themselves or a family member. A pattern of conduct may include following, monitoring, surveillance, or repeated electronic communications. Stalking is generally a felony, punishable by up to 5 years' imprisonment, a fine of up to $5,000, or both, with enhanced penalties for repeat offenses and aggravated stalking.
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Penal Code: South Dakota Codified Laws § 22-19A-1 (Stalking)
A person commits stalking by willfully, maliciously, and repeatedly following or harassing another person, making a credible threat intended to place another in reasonable fear of death or great bodily injury, or repeatedly harassing another person through verbal, electronic, digital, mechanical, telegraphic, or written communication. A first offense is generally a Class 1 misdemeanor, while repeat offenses or stalking involving protective-order violations or other aggravating circumstances may be charged as felonies.
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Penal Code: Tennessee Code Annotated § 39-13-606 (Electronic Tracking of Motor Vehicles)
Tennessee law prohibits knowingly installing, concealing, or otherwise placing an electronic tracking device on or in a motor vehicle without the consent of all owners (or the lessee, if the vehicle is leased) for the purpose of monitoring or following an occupant of the vehicle. The statute includes exceptions for lawful law enforcement activities, parents or legal guardians monitoring a minor child in a vehicle they own or lease, tracking stolen vehicles or goods, and manufacturer-installed tracking systems. A violation is a Class A misdemeanor.
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Penal Code: Texas Penal Code § 16.06 (Unlawful Installation of Tracking Device)
A person commits an offense by knowingly installing an electronic or mechanical tracking device on a motor vehicle owned or leased by another person without that person's effective consent. The statute includes exceptions for lawful law enforcement activities, parents or legal guardians tracking a minor child, vehicle owners or lessors, lienholders, and other uses authorized by law. A violation is generally a Class A misdemeanor.
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Penal Code: Utah Code § 76-9-408 (Unlawful Installation of a Tracking Device)
A person commits an offense by knowingly installing, concealing, or otherwise placing a tracking device on another person's property without the owner's consent to monitor the person's location or movements. The statute provides exceptions for lawful law enforcement activities, parents or legal guardians in certain circumstances, vehicle owners or lessors, and other uses authorized by law. A violation is generally a Class B misdemeanor, with enhanced penalties in certain circumstances.
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Vermont does not currently have a standalone criminal statute specifically prohibiting private GPS tracking. Instead, unauthorized GPS or electronic tracking is generally addressed under the state's stalking law when it is used as part of a prohibited course of conduct. Legislation has been introduced to explicitly add electronic and GPS surveillance to the stalking statute, but as of now the stalking statute remains the primary criminal provision.
Penal Code: Vermont Statutes Title 13, § 1062 (Stalking)
A person commits stalking by intentionally engaging in a course of conduct directed at a specific person that serves no legitimate purpose and would cause a reasonable person to fear for their safety or suffer substantial emotional distress. A course of conduct may include repeated following, monitoring, surveillance, or other unwanted conduct, including electronic means when used to stalk another person. Stalking is generally punishable by up to 2 years' imprisonment, a fine of up to $5,000, or both.
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Penal Code: Virginia Code § 18.2-60.5 (Unauthorized Use of an Electronic Tracking Device)
Virginia law prohibits knowingly installing or placing an electronic tracking device through intentionally deceptive means and without consent to track the location of another person. The statute includes exceptions for lawful law enforcement activities, parents or legal guardians in certain circumstances, vehicle owners or lessors, and other uses authorized by law. A violation is generally a Class 1 misdemeanor.
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Penal Code: Washington Revised Code § 9A.90.120 (Cyber Harassment)
A person commits cyber harassment by using electronic communications with the intent to harass or intimidate another person, including making repeated or anonymous communications, sending obscene messages, or threatening bodily injury or property damage. Cyber harassment is generally a gross misdemeanor, but becomes a Class C felonyunder specified aggravating circumstances, such as making a threat to kill or having a qualifying prior conviction.
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West Virginia does not currently have a standalone criminal statute broadly prohibiting private GPS tracking devices.
Although bills have been introduced, they have not been enacted. Unauthorized GPS tracking may instead be prosecuted under the state's stalking or harassment laws when the conduct satisfies those elements.
Penal Code: West Virginia Code § 61-2-9a (Stalking)
A person commits stalking by engaging in a course of conduct directed at another person with the intent to cause the person to fear for their personal safety or the safety of others, or to suffer substantial emotional distress. A course of conduct may include repeated following, monitoring, surveillance, or other unwanted conduct, including electronic means. Stalking is generally a misdemeanor, punishable by up to 6 months in jail, a fine of up to $1,000, or both, with enhanced felony penalties in certain aggravating circumstances.
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Penal Code: Wisconsin Statutes § 940.315 (Global Positioning Devices)
Wisconsin law prohibits placing a global positioning (GPS) device or any device equipped with GPS technology on a vehicle owned or leased by another person without that person's consent, as well as intentionally obtaining another person's location or movement information from a GPS device that was placed without consent. The statute includes exceptions for lawful law enforcement activities, parents or guardians tracking a minor child, employers tracking company-owned vehicles, lienholders repossessing vehicles, manufacturer-installed telematics, and certain insurance-related uses. A violation is a Class A misdemeanor.
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Penal Code: Wyoming Statutes § 6-2-506 (Stalking; Penalty)
A person commits stalking by engaging in a course of conduct with the intent to harass another person that is reasonably likely to cause a reasonable person to suffer substantial emotional distress, fear for their safety or the safety of another, or fear the destruction of their property. A course of conduct may include repeated communications (including electronic communications), following, surveillance, or other harassing conduct. Stalking is generally a misdemeanor, punishable by up to 1 year in jail, a fine of up to $750, or both, and may be elevated to felony stalking under specified aggravating circumstances, such as repeat offenses, violations of protective orders, or causing serious bodily injury.
