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Prohibit
27
Not Illegal
22

GPS Tracking Laws by State 2023

GPS Tracking Laws by State 2023

With all the good that technology has given us, in the wrong hands, it can also be very bad. This is just one reason why GPS tracking laws have begun to garner attention. Privacy is no longer something we can take for granted. Drones, hackers, and GPS tracking devices are just a few examples of how technology can be used in the most invasive ways.

At the onset, mobile tracking systems like GPS were all the rave. Private investigators, law enforcement officials, and others were finding creative and innovative uses for these technologies. Today, the availability of these types of devices has made them accessible to everyone - and that isn't always a good thing.

When put to good use, parents can help keep their children safer. Caregivers can keep better watch over the elderly or sick. However, in the wrong hands, there are countless scenarios where these systems and devices can become nefarious tools.

Growing Concerns Spark Action

The National Conference of State Legislators (NCSL) recently reported on this very subject. The good news is that states are beginning to take action to thwart ill-intended users of GPS and other tracking systems.

To date, according to the NCSL report, 26 states have taken action to address these concerns. The breakdown looks like this:

Eleven states include GPS and other location tracking as part of the state’s stalking laws. These states include Alaska, Arizona, Connecticut, Illinois, Maryland, New York, North Carolina, North Dakota, Oklahoma, Washington, and Wyoming. The District of Columbia also considers location tracking to be covered under anti-stalking laws.

There are nine states that make it illegal to install location tracking devices in a vehicle without the consent of the vehicle’s owner. This has been a growing problem as GPS tracking devices become more mainstream, and has led to many potentially unsafe situations. The states with this type of law are Delaware, Michigan, Oregon, Rhode Island, Tennessee, Texas, Utah, and Wisconsin.

In California, Florida, Hawaii, Louisiana, Minnesota, New Hampshire, and Virginia, the laws are even more strict. No one may use location tracking devices in these states to follow the location or movement of another person. Only when the person has explicitly consented to share this location data with another person will it be allowed.

With the growing popularity of GPS and other location-tracking devices, the list of states who have enacted legislation to deal with the potential safety concerns posed by these devices will probably grow in the coming years.

GPS Tracking Laws by State 2023

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State
GPS Tracking Laws
Notes
Statutory Citation
Statutory Excerpt
AlabamaNot IllegalConsent required. There are specific legal requirements meant to prevent unscrupulous individuals from abusing trackers for malicious purposes
AlaskaProhibitProhibitions on location trackingStalkingStalking includes following or monitoring a person with a global positioning device or similar technological means.
ArizonaProhibitProhibitions on location trackingStalkingStalking 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.
ArkansasNot Illegal
CaliforniaProhibitMiscellaneous CrimesProhibits using electronic tracking devices to follow people, with some exemptions.
ColoradoNot IllegalConsent required.
ConnecticutProhibitProhibitions on location trackingElectronic 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.
DelawareProhibitUse by a parent or guardian on a minor child’s vehicleOffenses Against Public Health, Order and DecencyDelaware prohibits individuals from knowingly installing an 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.
District of ColumbiaProhibitProhibitions on location trackingStalkingEngaging in a course of conduct directed at a specific individual, including using any device to follow, monitor, place under surveillance, threaten, or communicate, is unlawful.
FloridaProhibitSecurity of Communications, SurveillanceIt is illegal to install a tracking device or application on another person's property without their consent, and consent is presumed to be revoked if a petition for dissolution of marriage or an injunction for protection is filed by either party.
GeorgiaNot Illegal
HawaiiProhibitElectronic EavesdroppingProhibits intentional use of a mobile tracking device without first obtaining a search warrant or other order, unless the device is installed consent.
IdahoNot Illegal
IllinoisProhibitException: 1. Use by employers in connection with an employee’s work 2. Use by commercial motor carriers, car manufacturers, fleet vehicle owners or telematics servicesStalkingStalking is committed when a person with a previous Stalking conviction intentionally follows or surveils the same person without justification, and transmits a threat of harm to the person or their family member, and placing a person under surveillance means remaining outside their residence or placing an electronic tracking device on them or their property.
IndianaNot Illegalsecret GPS tracking illegal
IowaNot IllegalConsent required.
KansasNot IllegalConsent required.
KentuckyNot Illegal
LouisianaProhibitUse by commercial motor carriers, car manufacturers, fleet vehicle owners or telematics servicesTracking devices prohibited; penaltyProhibits any person from using a tracking device to determine the location or movement of another person without consent.
MaineNot Illegal
MarylandProhibitProhibitions on location trackingStalkingStalking is include conduct that can occur in person, through electronic communication, or by using a tracking device without the knowledge or consent of the person being tracked.
MassachusettsNot IllegalConsent required.
MichiganProhibitUse by a parent or guardian on a minor child’s vehicleTracking device; placement or installment on motor vehicle without consentProhibits placing a tracking device in or on a motor vehicle without consent
MinnesotaProhibitGeneral pro-hibition on pen register, trap and trace device and mobile tracking device useProhibits any individual from using a tracking device without a court order authorizing them to do so, with one exception.
MississippiNot IllegalConsent required.
MissouriNot IllegalLegal for Personal use
NebraskaNot IllegalThe use of a GPS device being used to harass or stalk an individual is illegal.
NevadaNot IllegalDoes not allow drivers to attach GPS system to the windshield
New HampshireProhibitConditions 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.
New JerseyNot IllegalNotice Required
New MexicoNot IllegalEach vehicle that has a GPS device installed have a decal displayed in the interior clearly identifying that a GPS unit is installed and that all activity including speed and location is and will be monitored
New YorkProhibitProhibitions on location trackingStalking in the fourth degreeStalking in the fourth degree includes unauthorized tracking of a person's location and intentionally engaging in a course of conduct that causes harm to their mental or emotional health after being informed to cease such conduct.
North CarolinaProhibitProhibitions on location trackingCyberStalkingMakes 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.
North DakotaProhibitProhibitions on location trackingStalkingStalking encompasses the unauthorized tracking of a person's movements or location using electronic means that could cause fear or harassment and serves no legitimate purpose.
OhioNot IllegalConsent required.
OklahomaProhibitProhibitions on location trackingStalkingStalking includes tracking the movement or location of an individual using a GPS device or other monitoring device without their consent, except in cases of lawful use by new/used motor vehicle dealers or creditors in connection with default of credit sale/lease terms with owner or lessee's express written consent.
OregonProhibitProhibit installing a location tracking device on a motor vehicle without the consent of the vehicle owner.Offenses against personsEstablishes 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.
PennsylvaniaNot IllegalConsent required.
Rhode IslandProhibitException: 1. Use by employers in connection with an employee’s work 2. Use by commercial motor carriers, car manufacturers, fleet vehicle owners or telematics servicesElectronic tracking of motor vehiclesIt 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.
South CarolinaNot Illegal
South DakotaNot IllegalOne can only install a GPS device with a warrant issued by a magistrate.
TennesseeProhibitException: 1. Use by a parent or guardian on a minor child’s vehicle 2. Use by commercial motor carriers, car manufacturers, fleet vehicle owners or telematics servicesElectronic tracking of motor vehiclesTennessee makes it illegal for an individual to install, conceal, or otherwise place a mobile tracking device in a motor vehicle.
TexasProhibitUse by private investigatorsUnlawful installation of tracking deviceProvides that it is illegal for any individual to place a tracking device in a motor vehicle, while providing for some exceptions.
UtahProhibitProhibit installing a location tracking device on a motor vehicle without the consent of the vehicle owner.Unlawful installation of a tracking deviceProhibits 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.
VirginiaProhibitExceptions: 1. Use by employers in connection with an employee’s work 2. Use by private investigators 3. Use by a legally authorized representative of an incapacitated adultUnauthorized use of electronic tracking deviceProhibits using an electronic tracking device, through intentionally deceptive means, to track the location of any person without consent.
WashingtonProhibitProhibitions on location trackingCyberStalkingProhibits 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.
West VirginiaNot IllegalConsent required.
WisconsinProhibitProhibit installing a location tracking device on a motor vehicle without the consent of the vehicle owner.Global positioning devicesPlacing a GPS device or obtaining location information from a GPS device without the consent of the vehicle owner is a Class A misdemeanor.
WyomingProhibitProhibitions on location trackingStalking; penaltyStalking is a crime if someone uses electronic or GPS devices to put another person under surveillance without their consent.
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GPS Tracking Laws by State 2023

Sources