GPS tracking has emerged as a potent tool with diverse applications in today’s interconnected world.
It serves useful purposes like driving instructions and monitoring the whereabouts of your children. But, in the context of divorces, it is also being used for surveillance of a spouse when there are questions of infidelity.
In this article, we will provide a comprehensive state-by-state guide on the legality of using GPS tracking devices without consent. We will look into the laws and regulations in each State, offering expert insights and analysis to help you understand where the boundaries lie regarding GPS tracking.
Is it Legal to Secretly Use GPS Tracking?
As of 2023, 26 States and the District of Columbia have laws addressing the use of GPS to track a person’s movements without their knowledge or consent.
Alaska GPs Tracking Laws
Alaska law prohibits the non-consensual tracking of a vehicle through a tracking device in its stalking statute.
In Alaska, stalking includes following or monitoring a person with a global positioning device or similar technological means. Alaska Code § 11-41-270(H).
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Alaska
Violating this law is a class A misdemeanor in Alaska (AS 42.20.330), which is punishable by up to one year in jail and a fine of up to $25,000 under AS 12.55.035 and AS 12.55.035.
Arizona GPS Tracking Laws
Arizona law prohibits the non-consensual tracking of a vehicle through a tracking device in its stalking statute.
In Arizona, stalking includes using 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. ARS § 13-2923.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Arizona
Violating this law is considered a class 5 felony in Arizona, which is punishable by a prison term of up to two years and a fine of up to $150,000 under ARS § 13-702 and ARS § 13-801.
California GPS Tracking Laws
California law prohibits non-consensual vehicle tracking through a tracking device as a miscellaneous crime.
California law prohibits using electronic tracking devices to follow people. California 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.” California Penal Code § 637.7.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in California
Violating this law is considered a misdemeanor in California. It is punishable by a fine of up to $2,500 and up to six months in county jail, per California Penal Code § 637.7.
Connecticut GPS Tracking Laws
Connecticut law prohibits the non-consensual tracking of a vehicle through a tracking device in its electronic stalking statute.
In Connecticut, a person commits electronic stalking when they use any electronic monitoring system with the intent to kill, injure, harass, or intimidate another person.
This can be achieved by placing the victim under surveillance or engaging in a course of conduct that causes them to fear death, serious bodily injury, or substantial emotional distress to themselves, an immediate family member, or an intimate partner.
The law defines “immediate family member” as a person’s spouse, parent, sibling, child, or any person living in the same household and related to the person by blood or marriage. “Intimate partner” is defined as a former spouse, a person who has a child with the victim (regardless of marriage), or a person who has been in a dating relationship with the victim. CGS § 53a-181f
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Connecticut
Violating this law is considered a class D felony in Connecticut, which can result in a state prison sentence ranging from one to five years and additional fines of up to $5,000. Gen. Stat. § 53a-35a.
Delaware GPS Tracking Laws
Delaware prohibits individuals from knowingly installing an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the vehicle’s registered owner, lessor, or lessee. 11 Del. C. § 1335(a)(9).
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Delaware
Violation of this law is a Class A misdemeanor punishable by a jail term of up to 1 year, according to Delaware Code Title 11 § 4206.
Florida GPS Tracking Laws
In Florida, a person may not knowingly install a tracking device or tracking application on another person’s property without the other person’s consent. Fla. Stat. § 934.425.
For purposes of the law, 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.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Florida
A person who violates this section commits a misdemeanor of the second degree, punishable by up to 60 days in jail or a fine of $500.00 as provided in Fla. Stat. § 775.082 or s. 775.083.
Hawaii GPS Tracking Laws
In Hawaii, a person may not knowingly install a tracking device or tracking application on another person’s property without the other person’s consent. Haw. Revised Statutes § 803-42(8).
The law defines a “tracking device” as “an electronic or mechanical device that permits the tracking of the movement of a person or object.”
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Hawaii
Violating this law is a class C felony subject to a maximum fine of $10,000 and up to five years of prison. Haw. Rev. Stat. §§ 706-640, and Haw. Rev. Stat. §§ 706-660.
Illinois GPS Tracking Laws
Illinois stalking and trespass laws prohibit the non-consensual tracking of a vehicle through an electronic tracking device. 720 ILCS 5/21-2.5.
“Electronic tracking device” means any device attached to a vehicle that reveals its location or movement by transmitting electronic signals.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Illinois
Violating this law can be classified as a Class A misdemeanor in Illinois, which is punishable by up to one year in jail and a fine of up to $2,500, as per 730 ILCS 5/5-4.5-55.
Louisiana GPS Tracking Laws
Louisiana law prohibits any person from using a tracking device to determine the location or movement of another person without consent.
A “tracking device” is any device that reveals its location or movement by transmitting electronic signals. La. R.S. § 14:323.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Louisiana
The penalties for violating this law include the following:
- First Offense: a fine of not less than five hundred dollars nor more than one thousand dollars and imprisonment for not more than six months.
- Second Offense: a fine of not less than seven hundred fifty dollars nor more than one thousand five hundred dollars and imprisonment of not less than thirty days nor more than six months.
- Third Offense and Subsequent Offenses: a fine of not less than one thousand dollars nor more than two thousand dollars and imprisonment of not less than sixty days nor more than one year.
Maryland GPS Tracking Laws
Maryland’s stalking laws prohibit the non-consensual tracking of a vehicle through an electronic tracking device. Md. Stat. § 3-802.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Maryland
A person who violates this law is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both.
Michigan GPS Tracking Laws
Michigan’s stalking laws prohibit the non-consensual tracking of a vehicle through an electronic tracking device. MCLS 750.5392.
“Tracking device” means any electronic device designed or intended to be used to track the location of a motor vehicle regardless of whether that information is recorded.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Michigan
A person who violates this law is guilty of a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $1,000.00, or both.
Minnesota GPS Tracking Laws
Minnesota prohibits any individual from using a tracking device without a court order authorizing them to do so, without the consent of the person being tracked. Minn. Stat. § 626A.35.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Minnesota
A person who violates this law shall be fined no more than $3,000, imprisoned no more than one year, or both.
New Hampshire GPS Tracking Laws
New Hampshire law states that no one 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.” N.H. Rev. Stat. § 644-A:4.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in New Hampshire
A person who violates this law shall be guilty of a class B misdemeanor, including a fine up to $1,000, imprisonment for up to 90 days, or both.
New York GPS Tracking Laws
New York prohibits any individual from using a tracking device without the consent of the person being tracked. NY CLS Penal § 120.45.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in New York
A person who violates the GPS stalking law is guilty of a Class B misdemeanor. A Class B misdemeanor is punishable by up to 90 days in jail.
North Carolina GPS Tracking Laws
North Carolina 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.
An 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.” NCGS § 14-196.3.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in North Carolina
A person who violates the GPS stalking law is guilty of a Class B misdemeanor. A Class B misdemeanor is punishable by up to 90 days in jail.
North Dakota GPS Tracking Laws
North Dakota makes it unlawful to track a 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. N.D. Cent. Code, § 12.1-17-07.1.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in North Dakota
A person who violates the GPS stalking law is guilty of a Class A misdemeanor. Class A misdemeanors carry a maximum penalty of 360 days’ imprisonment and up to a $3,000 fine.
Oklahoma GPS Tracking Laws
Oklahoma makes it unlawful to track a person’s movements or location through a global positioning system or other electronic means
without the consent of the individual whose movement or location is being tracked. 21 Okl. St. § 1173.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Oklahoma
A person who violates the GPS stalking law is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed three (3) years or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
Oregon GPS Tracking Laws
Oregon makes it unlawful to track a person’s movements or location through a global positioning system or other electronic means
without the consent of the individual whose movement or location is being tracked. ORS § 163.715.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Oregon
A person who violates the GPS stalking law is guilty of a Class A misdemeanor, punishable by potential jail time of one year and a fine of up to $6250.
Rhode Island GPS Tracking Laws
Rhode Island makes it unlawful 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 car for monitoring or following the operator, occupant, or occupants of the vehicle. R.I. Gen. Laws § 11-69-1.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Rhode Island
A person who violates the GPS stalking law is guilty of a misdemeanor punishable by up to one year in prison, up to a one thousand dollars ($1,000) fine, or both.
Tennessee GPS Tracking Laws
Tennessee makes it unlawful for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all vehicle owners to monitor or follow an occupant or occupants of the vehicle. Tenn. Code Ann. § 39-13-606.
In the context of a divorce, it would be illegal for a spouse to secretly place a GPS tracker on their spouse’s vehicle if they did not own it.
Punishments for Violation of GPS Tracking Laws in Tennessee
A person who violates the GPS stalking law is guilty of a class A misdemeanor punishable by up to one year in prison, up to a one thousand dollars ($1,000) fine, or both.
Texas GPS Tracking Laws
Texas makes it unlawful for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of the vehicle owners. Tex. Pen. Code § 16.06.
In the context of a divorce, it would be illegal for a spouse to secretly place a GPS tracker on their spouse’s vehicle if they did not own it.
Punishments for Violation of GPS Tracking Laws in Texas
A person who violates the GPS stalking law is guilty of a class A misdemeanor punishable by up to one year in prison, up to a four thousand dollars ($4,000) fine, or both.
Utah GPS Tracking Laws
Utah makes it unlawful for a person to knowingly install, or direct 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. Utah Code § 76-9-408.
In the context of a divorce, it would be illegal for a spouse to secretly place a GPS tracker on their spouse’s vehicle if they did not own or lease it.
Punishments for Violation of GPS Tracking Laws in Utah
A person who violates the GPS stalking law is guilty of a class A misdemeanor punishable by up to 364 days in jail and a $2,500 fine.
Virginia GPS Tracking Laws
Virginia makes it illegal for a person to install or place an electronic tracking device on a vehicle with “intentionally deceptive means” and without consent.
Virginia defines an “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. Va. Code § 18.2-60.5.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Virginia
A person who violates the GPS stalking law is guilty of a class A misdemeanor punishable by confinement in jail for not more than 12 months and/or a possible fine of not more than $2,500.
Washington
Washington makes it illegal to install or monitor an electronic tracking device with the intent to track another person’s location if the installation or monitoring of the tracking device would cause the other person reasonable fear. RCW § 98.90.130.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent if it were to cause reasonable fear.
Punishments for Violation of GPS Tracking Laws in Washington
A person who violates the GPS stalking law is guilty of a gross misdemeanor punishable by a maximum penalty of 364 days in jail and a $5,000 fine.
Wisconsin GPS Tracking Laws
In Wisconsin, a person may not place 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. Wyo. Stat. § 6-2-506.
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Wisconsin
Violating this law is a class A misdemeanor, punishable by a maximum penalty of 9 months in jail, a $10,000.00 fine, or both.
Wyoming GPS Tracking Laws
Wyoming makes it illegal to use 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. Wyo. Stat. § 6-2-506
In the context of a divorce, it would be illegal for a spouse to secretly places a GPS tracker on their spouse’s phone or vehicle without their knowledge and consent.
Punishments for Violation of GPS Tracking Laws in Wyoming
Violating this law is a misdemeanor, punishable by imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars ($750.00), or both.