GPS Tracking Laws in the USA (2026) | State-by-State Guide

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By: Ryan Horban

Key Takeaways
5 things everyone should know about GPS tracking laws in the USA
  • 01

    Ownership and consent decide almost everything. Without either, tracking is usually a crime

  • 02

    New Jersey is the one state with a written-notice law aimed squarely at vehicle tracking

  • 03

    Police attach and monitor under a warrant in practice, though the Supreme Court left that question open

  • 04

    Parents can generally track a minor child. At eighteen the consent rules change

  • 05

    These laws move. Check your state’s current text before acting on any summary, including this one

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I’m Ryan Horban. For the last 15 years I’ve worked with GPS vehicle trackers, fleet tracking devices, and commercial GPS tracking systems. One question comes up more than any other. Is it legal to put a tracker on this particular car?

The honest answer is that it depends on three things. Who owns the vehicle, who consented, and who is doing the tracking. Get those right and you are almost always fine. Get them wrong and the same device becomes evidence.

Below is the federal picture, then all fifty states, then the practical compliance steps.

What this guide covers
01

The short answerThe three questions that decide every case.

02

Federal lawJones, Carpenter, and what they did and did not settle.

03

Four mythsThe beliefs that get people charged.

04

All fifty statesConsent, owner exception, employer rules and statute.

05

Employer rulesWhere the law is written down and where it is not.

06

Staying compliantEight steps that keep you out of trouble.

The Short Answer

IN ONE PARAGRAPH

Tracking a vehicle you own or lease is legal in most states. Tracking a vehicle you do not own is a crime in most states, absent consent from whoever uses it. The charge lands as stalking, harassment or unlawful surveillance depending on where you are.

Three questions settle it. Who owns the vehicle. Who consented. Who is doing the tracking. Everything below is detail on those three.

  • 1. Who owns it
    Whose name is on the title or the lease? Several states write an explicit exception for the registered owner or lessee.
  • 2. Who consented
    Did the people who drive the car agree? Written consent is what turns a gray area into a settled one.
  • 3. Who is doing it
    A parent, an employer, an agency and a private individual are held to different standards for the same device.

Federal Law

Federal law does not ban private GPS tracking outright. It sets the constitutional floor for government tracking. State laws build their privacy expectations on top of that.

CASE ONE

United States v. Jones (2012)

Police attached a GPS device to a suspect’s vehicle and tracked it for 28 days. The Supreme Court held that attaching the device and monitoring movements was a Fourth Amendment search. The reasoning was trespass, because hardware was physically attached to the car.

What it settled. That GPS attachment is a search. What it did not settle. The Court expressly left open whether that search always needs a warrant. Agencies work from warrants in practice, and lower courts have generally required them since.

CASE TWO

Carpenter v. United States (2018)

Investigators obtained 127 days of historical cell site location records without a warrant. The Supreme Court held that acquiring that record is a search requiring a warrant. Such data gives a comprehensive account of a person’s movements.

Why it matters here. Carpenter is about phone records rather than trackers, but it confirms the direction. Detailed location history is treated as sensitive, whatever the device producing it.

How this area of law has moved
  • 2012

    United States v. Jones. Attaching a device and monitoring movements is a Fourth Amendment search.

  • 2018

    Carpenter v. United States. Acquiring historical cell site location records needs a warrant.

  • 2019

    Utah enacts a dedicated tracking-device offense, part of a steady wave of state statutes.

  • JANUARY 2025

    Texas sues Allstate over driver location data gathered through mobile apps.

  • MARCH 2025

    Ohio’s law takes effect, the first written to cover tracking apps as squarely as hardware.

Federal statutes worth knowing

Wiretap Act, 18 U.S.C. § 2510

Prohibits intercepting electronic communications without consent. Relevant where a device captures communications rather than position alone. View statute

Electronic Communications Privacy Act

Extends wiretap protections to electronic data in transit, and governs unauthorized access to it.

Stored Communications Act

Covers stored records held by a service provider, which is the category historical location logs fall into.

Fourth Amendment

The constitutional backstop for government searches. It constrains agencies, not private individuals, which is why state law does the work below.

Federal law is not the layer that will catch a private individual

These statutes mostly govern government conduct and service providers. A private person tracking without consent is far likelier to face a state stalking or surveillance charge. That is why the fifty-state section below matters more than this one.

Four Myths That Get People Charged

MYTH ONE
“It’s my car, so I can track anyone in it.”

Not reliably. Owning the car helps, and several states write an explicit owner or lessee exception. Others ask whether the person tracked had a reasonable expectation of privacy. A spouse or adult child who drives the car daily may well have one.

MYTH TWO
“I’m the employer, so I can track the vehicle.”

Usually yes, with notice. Tracking a company-owned vehicle for a business purpose is broadly accepted. What causes trouble is tracking personal vehicles, monitoring off-hours, or doing any of it without telling anyone.

MYTH THREE
“Police don’t need a warrant for GPS.”

They work from one. After Jones and Carpenter, agencies obtain warrants for attachment and for historical location data. If the government needs judicial authorization, a private individual has far less latitude, not more.

MYTH FOUR
“There’s no GPS law in my state, so it’s allowed.”

The opposite, usually. States without a GPS-specific statute reach the same conduct through stalking, harassment and surveillance law. Absence of a dedicated statute is not permission.

Reality check
  • Tracking without consent is commonly charged as stalking rather than as a GPS offense
  • Intent and effect matter. Several states turn on whether the tracking caused fear or distress
  • An owner exception protects the owner, not necessarily everyone who drives the car
  • Federal rules apply nationwide, so no state is a safe harbor

If you would not be comfortable telling the person the tracker is there, that discomfort is the legal answer. Every state I know of treats concealment as the aggravating fact.

Ryan Horban, GPS Tracking Expert

GPS Tracking Laws By State

Map showing how GPS tracking laws differ state by state across the United States
Rules vary widely. The state you are parked in decides the answer, not the state you live in.

Tap any state for consent rules, the owner exception, employer requirements, penalties and the governing statute. Where a state has no GPS-specific law, the entry says so.

States with a tracking-specific statute

California, Delaware, Florida, Hawaii, Illinois, Iowa, Michigan, Nevada, New Hampshire, Ohio, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin name tracking devices in the code. The offense stands on its own, so no fear or distress needs proving.

The device itself is the offense

States that reach it through stalking law

Missouri, Nebraska, Colorado, Arizona, Wyoming and others have no dedicated offense. Tracking is prosecuted as stalking or harassment. That usually means showing a course of conduct and its effect on the victim.

The effect on the person is the offense
March 20, 2025

Ohio’s tracking-device law took effect, written to cover apps as well as hardware. It is the newest statute of its kind, and most published summaries have not caught up.

Verified against Ohio Rev. Code 2903.216

  • The owner’s consent
    The common test. Whoever holds the title or the lease can authorize a tracker. Texas, California and Utah work this way.
  • Every owner’s consent
    Tennessee needs ALL owners to agree, so one co-owner cannot authorize it for the other. That rules out many family situations.
  • The people inside too
    Rhode Island needs the operator AND all occupants. Michigan needs the owner to install but the authorized operator to track.

Alabama

Alabama treats secret tracking as electronic stalking, and the penalties are heavy.

  • Non-consensual trackingIllegaltreated as electronic stalking
  • Owner exceptionYes, track your own car, and parents may track minor children
  • Employer rulesTracking company vehicles is allowed, but notify employees first
  • PenaltiesMisdemeanor fines or jail, with felony charges in serious cases
  • Law enforcementWarrant required
  • StatuteAla. Code § 13A-6-95 and § 13A-6-96

Alaska

Alaska takes privacy seriously. GPS use that frightens someone can be charged as stalking.

  • Non-consensual trackingIllegalif it causes emotional distress or fear
  • Owner exceptionYes, track your own car, truck or property
  • Employer rulesNever in secret, so get written consent
  • PenaltiesCharged under AS § 11.41.270, stalking in the second degree
  • Law enforcementWarrant required
  • StatuteAlaska Statutes § 11.41.270

Arizona

Arizona reaches tracking through its stalking statute, and the penalty is a felony rather than a misdemeanor.

  • Non-consensual trackingIllegalVerifiedusing a GPS device to surveil someone continuously for 12 hours or more, OR on two or more occasions however short, counts as a course of conduct under the stalking statute
  • Owner exceptionThe statute excludes activity authorized by the other person, their authorized representative, or a minor's parent or guardian
  • Employer rulesMay track workers, but only with clear authorization
  • PenaltiesFELONY, not a misdemeanor. Class 5 felony, rising to class 3 where the victim reasonably fears death
  • Law enforcementWarrant required
  • StatuteA.R.S. § 13-2923

Arkansas

Arkansas needs clear consent first. Skip it and you are into harassment territory.

  • Non-consensual trackingIllegalconsent is required
  • Owner exceptionYes, your own vehicle or your child's
  • Employer rulesTell employees before tracking company cars or phones
  • PenaltiesHandled under privacy and stalking laws
  • Law enforcementWarrant required
  • StatuteArkansas Code § 5-71-208

California

California bars tracking without consent outright, but the registered owner or lessee is carved out.

  • Non-consensual trackingIllegalVerifiedmisdemeanor offense
  • Owner exceptionYes, the registered owner or lessee is exempt, but secretly tracking a partner is still illegal
  • Employer rulesWritten consent required, and CCPA and CPRA also apply
  • PenaltiesMisdemeanor charges and fines
  • Law enforcementWarrant required
  • StatuteCalifornia Penal Code § 637.7

Colorado

Colorado has no GPS-specific criminal statute. Tracking is reached through the stalking law, known as Vonnie's Law.

  • Non-consensual trackingIllegalVerifiedwhere it causes emotional distress
  • Owner exceptionYes, your child's car or your business van
  • Employer rulesOnly with clear consent, because secret tracking invites lawsuits
  • PenaltiesNo direct criminal GPS law, so stalking and harassment claims apply
  • Law enforcementWarrant required
  • StatuteC.R.S. § 18-3-602, Vonnie's Law

Connecticut

Connecticut has a GPS-specific stalking offense, so the test is fear rather than the device itself.

  • Non-consensual trackingIllegalVerifiedelectronic stalking, meaning recklessly causing someone to fear for their physical safety by willfully and repeatedly using GPS to track them
  • Owner exceptionYes, tracking your own car is fine. The offense turns on the effect on the person, not on who owns the vehicle
  • Employer rulesConn. Gen. Stat. 31-48d requires notice of electronic monitoring, though it is written for phone and internet rather than vehicles
  • PenaltiesClass B misdemeanor. Charged as a domestic violence offense in a family or dating context
  • Law enforcementWarrant required unless emergency
  • StatuteConn. Gen. Stat. § 53a-181f, electronic stalking

Delaware

Delaware names location tracking devices in its criminal code, so the device itself is the offense.

  • Non-consensual trackingIllegalVerifiedknowingly installing an electronic or mechanical location tracking device in or on a motor vehicle without consent, a class A misdemeanor
  • Owner exceptionYes, the consent of the registered owner, lessor or lessee is what the statute turns on. A parent or legal guardian tracking a minor child is expressly carved out
  • Employer rulesGet employee consent first. Note that 19 Del. C. 705 is a separate electronic-monitoring notice statute
  • PenaltiesClass A misdemeanor
  • Law enforcementLawful law-enforcement use is expressly carved out
  • Statute11 Del. C. § 1335(a)(8)

Florida

Florida is among the strictest. Even within a family you cannot secretly install a tracker on someone else's vehicle.

  • Non-consensual trackingIllegalcriminal offense
  • Owner exceptionYes, and parents may track minor children for safety rather than harassment
  • Employer rulesWorkers must be informed in writing
  • PenaltiesMisdemeanor charges typical
  • Law enforcementWarrant required
  • StatuteFlorida Statute § 934.425

Georgia

Georgia treats covert tracking as surveillance or stalking.

  • Non-consensual trackingIllegalcan result in stalking charges
  • Owner exceptionYes, your own vehicle, or parents tracking a teen's driving
  • Employer rulesWritten consent required from employees
  • PenaltiesMisdemeanor or felony depending on severity
  • Law enforcementWarrant required
  • StatuteGeorgia Code O.C.G.A. § 16-11-62

Hawaii

Hawaii names mobile tracking devices directly, in the same section that governs wiretaps, and treats misuse as a felony.

  • Non-consensual trackingIllegalVerifiedinstalling or using a mobile tracking device without a warrant or other authorizing order
  • Owner exceptionYes. The statute excepts a device installed by, or with the consent of, the owner of the property it goes on
  • Employer rulesGet written consent before tracking company cars
  • PenaltiesClass C felony
  • Law enforcementSearch warrant or other authorizing order required, written into the same section
  • StatuteHRS § 803-42(a)(8)

Idaho

Idaho has no GPS-specific statute, but secret tracking is still reached by the stalking laws.

  • Non-consensual trackingIllegaloften charged as stalking
  • Owner exceptionYes, your own car, or a parent tracking a minor's car
  • Employer rulesGet clear, written consent before tracking company vehicles
  • PenaltiesProsecuted under Idaho's stalking statutes
  • Law enforcementWarrant required
  • StatuteIdaho Code § 18-7905 and § 18-7906

Illinois

Illinois names electronic tracking devices in the criminal code, and it writes a broad exemption for business fleets.

  • Non-consensual trackingIllegalVerifiedwithout the consent of the registered owner, lessor or lessee
  • Owner exceptionYes, the registered owner, lessor or lessee can consent, and that consent covers any other driver or passenger of the vehicle
  • Employer rulesA business authorized to transact business in Illinois may track vehicles it owns or leases that are driven by its employees, affiliates or contractors. That business use is written into the statute as an exemption
  • PenaltiesCharged under the criminal trespass article of the Criminal Code
  • Law enforcementLawful use by a law enforcement agency is carved out
  • Statute720 ILCS 5/21-2.5, electronic tracking devices prohibited

Indiana

Indiana requires vehicle-owner consent before a tracker goes on.

  • Non-consensual trackingIllegalvehicle-owner consent required
  • Owner exceptionYes, vehicles you own, including a teen's car or company truck
  • Employer rulesNeed employee consent, and written proof is best
  • PenaltiesCriminal charges under state law
  • Law enforcementWarrant required
  • StatuteIndiana Code § 35-46-8.5-1

Iowa

Iowa has a dedicated offense for GPS placement, but it turns on legitimate purpose as well as consent.

  • Non-consensual trackingIllegalVerifiedplacing a GPS device on a person or an object to track them, without consent AND without a legitimate purpose
  • Owner exceptionYes, your own property or your child's vehicle
  • Employer rulesA genuine business purpose can satisfy the legitimate-purpose test, but consent is still the safe route
  • PenaltiesCharged as unauthorized placement of a global positioning device
  • Law enforcementWarrant required
  • StatuteIowa Code § 708.11A, unauthorized placement of a global positioning device

Kansas

Kansas bars secret tracking, though business use during work hours is generally allowed.

  • Non-consensual trackingIllegal
  • Owner exceptionYes, your own vehicle or your child's
  • Employer rulesMay use GPS for legitimate business, though notice and consent are recommended
  • PenaltiesCharged under stalking or privacy laws
  • Law enforcementWarrant required
  • StatuteKansas Statute § 21-5427

Kentucky

Kentucky is strict, and dealers must disclose a tracker installed in a leased vehicle.

  • Non-consensual trackingIllegalconsent required
  • Owner exceptionYes, but disclosure matters if others use the vehicle
  • Employer rulesEmployee consent required before tracking
  • PenaltiesCharges under privacy or stalking statutes
  • Law enforcementWarrant required
  • StatuteKentucky Statute § 508.152

Louisiana

Louisiana keeps it simple. Without permission, do not track.

  • Non-consensual trackingIllegal
  • Owner exceptionYes, your own car, or a parent tracking a child's vehicle
  • Employer rulesTrack work vehicles during work hours only if employees know, and written consent is safest
  • PenaltiesFalls under privacy or stalking laws
  • Law enforcementWarrant required
  • StatuteLouisiana Revised Statute § 14:323

Maine

Maine prohibits tracking used to frighten, control or intimidate.

  • Non-consensual trackingIllegalwhere used to cause fear
  • Owner exceptionYes, your own vehicle or property
  • Employer rulesMust be a legitimate business reason, never secret
  • PenaltiesCovered under Maine's anti-stalking laws
  • Law enforcementWarrant required
  • StatuteTitle 17-A, Maine Criminal Code

Maryland

Maryland is tough on GPS misuse, with substantial penalties attached to the stalking statute.

  • Non-consensual trackingIllegalcriminal stalking
  • Owner exceptionYes, track your own assets
  • Employer rulesClear employee consent required before tracking
  • PenaltiesStalking carries up to 5 years, a fine up to $5,000, or both
  • Law enforcementWarrant required
  • StatuteMd. Code Ann., Criminal Law § 3-802

Massachusetts

In Massachusetts the effect matters. Tracking that causes distress breaks the law.

  • Non-consensual trackingIllegalwhere it causes distress or anxiety
  • Owner exceptionYes, a car you own
  • Employer rulesMay track company vehicles, but avoid practices causing emotional harm
  • PenaltiesFines, jail time, or both
  • Law enforcementWarrant required
  • StatuteMassachusetts General Laws ch. 265 § 43A

Michigan

Michigan has a dedicated tracking-device statute, and it is stricter than most summaries suggest.

  • Non-consensual trackingIllegalVerifieda named offense under the penal code, not just general privacy law
  • Owner exceptionNarrower than most states. Installing needs the owner's or lessee's consent, and TRACKING needs the owner's or the authorized operator's
  • Employer rulesCompany-owned vehicles only, and the driver counts as an authorized operator whose consent matters
  • PenaltiesMisdemeanor, up to 1 year, a fine up to $1,000, or both. Civil damages are also available
  • Law enforcementWarrant required
  • StatuteMCL § 750.539l

Minnesota

Minnesota is among the strictest. Without permission or a court order, tracking is out.

  • Non-consensual trackingIllegalwithout consent or a warrant
  • Owner exceptionYes, track your own car
  • Employer rulesEmployee consent required
  • PenaltiesCriminal charges under strict anti-tracking laws
  • Law enforcementCourt order required
  • StatuteMinn. Stat. § 626A.35

Mississippi

Mississippi has no dedicated GPS law, but privacy and stalking laws still apply.

  • Non-consensual trackingNot explicitcan fall under stalking or harassment laws
  • Owner exceptionYes, your own car or property
  • Employer rulesAlways get consent, because secret tracking is risky
  • PenaltiesProsecuted under stalking statutes
  • Law enforcementWarrant usually required
  • StatuteNo specific statute, so stalking and privacy law does the work

Missouri

Missouri has no dedicated statute banning covert vehicle tracking. Stalking and harassment law does that work instead.

  • Non-consensual trackingNot explicitVerifiedno tracking-device offense on the books, so it is reached through stalking and harassment law
  • Owner exceptionYes, parents may track a minor child's car for safety
  • Employer rulesEmployee consent is the safe route even for company vehicles
  • PenaltiesProsecuted under stalking and harassment statutes
  • Law enforcementWarrant required
  • StatuteNo general anti-tracking statute. Mo. Rev. Stat. § 455.095 is widely miscited for this, though it governs court-ordered electronic monitoring with victim notification in protective-order cases

Montana

Montana protects privacy explicitly in its constitution, but there is no statute written about tracking devices.

  • Non-consensual trackingNot explicitno dedicated tracking offense found, so it is reached through privacy and stalking law
  • Owner exceptionYes, your own vehicle or your teen's car
  • Employer rulesCompany vehicles only if employees know, and personal cars are off-limits
  • PenaltiesPrivacy or stalking charges
  • Law enforcementWarrant required
  • StatuteNo dedicated GPS law, so Montana privacy law applies

Nebraska

Nebraska has no criminal ban on private vehicle tracking. The section usually cited for one is a court-warrant provision.

  • Non-consensual trackingNot explicitVerifiedno private-tracking offense found, so it is reached through stalking and harassment law
  • Owner exceptionYes, your own vehicle or your teen's car
  • Employer rulesGet written consent before installing a tracker
  • PenaltiesProsecuted under stalking and privacy statutes
  • Law enforcementA district court may issue a warrant or order authorizing installation and use of a mobile tracking device
  • StatuteNeb. Rev. Stat. § 86-2,103 is the WARRANT provision that lets a district court authorize a mobile tracking device. It is widely miscited as a ban on private tracking

Nevada

Nevada has a dedicated tracking-device offense, and the penalty escalates on repeat convictions.

  • Non-consensual trackingIllegalVerifiednamed in statute as unlawful installation of a mobile tracking device
  • Owner exceptionYes. The offense turns on installing without the knowledge and consent of an owner or lessor
  • Employer rulesEmployee consent required before tracking work cars
  • PenaltiesEscalating, from a misdemeanor on a first offense, to a gross misdemeanor, to a category C felony
  • Law enforcementCarved out where the agency acts within constitutional and state-law requirements
  • StatuteNRS § 200.930

New Hampshire

New Hampshire names tracking devices in its criminal code and leaves no wiggle room.

  • Non-consensual trackingIllegalcriminal offense
  • Owner exceptionYes, a vehicle you own or legally lease
  • Employer rulesMust notify workers and get consent
  • PenaltiesCriminal charges
  • Law enforcementWarrant required
  • StatuteN.H. Rev. Stat. § 644-A:4

New Jersey

New Jersey has the clearest employer rule in the country, written specifically about vehicles.

  • Non-consensual trackingIllegalVerifiedreached through stalking and harassment law, with a dedicated employer notice statute on top
  • Owner exceptionYes, your own car or your child's
  • Employer rulesWRITTEN NOTICE required before using a tracking device in any vehicle an employee uses, including their own
  • Penalties$1,000 for a first violation, $2,500 for each subsequent one
  • Law enforcementWarrant required
  • StatuteN.J.S.A. § 34:6B-22

New Mexico

New Mexico treats covert tracking as stalking.

  • Non-consensual trackingIllegaltreated as stalking
  • Owner exceptionYes, your own car, or a parent tracking a minor child's car
  • Employer rulesEmployee consent required, and secret tracking could count as harassment
  • PenaltiesFalls under anti-stalking laws
  • Law enforcementWarrant required
  • StatuteN.M. Stat. § 30-3A-3

New York

New York reaches tracking through stalking and privacy law rather than a GPS-specific statute.

  • Non-consensual trackingIllegalfalls under stalking and privacy laws
  • Owner exceptionYes, but if others regularly drive the car, get their consent too
  • Employer rulesClear consent and policies required. Civil Rights Law 52-c covers electronic monitoring of phone, email and internet rather than vehicles
  • PenaltiesPrivacy and stalking statutes apply
  • Law enforcementWarrant required
  • StatuteN.Y. Penal Law § 120.45

North Carolina

North Carolina charges covert GPS use as cyberstalking.

  • Non-consensual trackingIllegalClass 2 misdemeanor
  • Owner exceptionOwners and lessees may track, and parents may track children's vehicles
  • Employer rulesConsent and transparency are required
  • PenaltiesCan escalate if done under a protective order
  • Law enforcementWarrant required
  • StatuteN.C. Gen. Stat. § 14-196.3

North Dakota

North Dakota defines non-consensual tracking as stalking outright.

  • Non-consensual trackingIllegallegally defined as stalking
  • Owner exceptionYes, your own car or property
  • Employer rulesEmployee consent required
  • PenaltiesMisdemeanor or felony depending on the situation
  • Law enforcementWarrant required
  • StatuteN.D. Cent. Code § 12.1-17-07.1

Ohio

Ohio passed the newest tracking law in the country, and it is one of the broadest. Summaries saying Ohio has no GPS statute are out of date.

  • Non-consensual trackingIllegalVerifiedillegal use of a tracking device or application, effective March 20, 2025 under Senate Bill 100
  • Owner exceptionA parent or guardian may track a minor child, with a consent condition where custody is shared
  • Employer rulesConsent required. The statute is about tracking a person or their property, not about who owns the vehicle
  • PenaltiesFirst-degree misdemeanor, up to 180 days and a $1,000 fine, rising to a fourth-degree felony on a prior conviction, where a protection order is in force, or where there is a history of violence toward the victim
  • Law enforcementWarrant required
  • StatuteOhio Rev. Code § 2903.216

Oklahoma

Oklahoma requires consent before a tracker goes on a vehicle.

  • Non-consensual trackingIllegalconsent is required
  • Owner exceptionYes, your own car, or a parent tracking a child's vehicle
  • Employer rulesGet written consent from employees
  • PenaltiesCharged under stalking or electronic privacy laws
  • Law enforcementWarrant required
  • StatuteOklahoma Statutes § 21-1173

Oregon

Oregon names the offense after the technology, which makes it one of the easier statutes to find.

  • Non-consensual trackingIllegalVerifiedunlawful use of a global positioning system device, which means knowingly affixing a GPS device to another person's vehicle without consent
  • Owner exceptionYes, your own car, or a parent tracking a teen
  • Employer rulesMay track company vehicles, but only with consent
  • PenaltiesCharged as unlawful use of a global positioning system device
  • Law enforcementWarrant required
  • StatuteORS § 163.715, unlawful use of a global positioning system device

Pennsylvania

Pennsylvania is the state most likely to have changed since this was written. Check before relying on it.

  • Non-consensual trackingNot explicitVerifiedno settled criminal ban on private tracking found. Legislation to make covert tracking part of the stalking laws has been moving through the legislature
  • Owner exceptionYes, your own car, or a parent tracking a child's vehicle
  • Employer rulesConsent and clear policies required
  • PenaltiesProsecuted under stalking and harassment law in the meantime
  • Law enforcement18 Pa.C.S. § 5761, mobile tracking devices, is the court-order provision in the wiretap chapter. It is widely miscited as a ban on private tracking
  • StatuteNo settled private-tracking offense. Verify the current position before acting, since bills have been active on this

Rhode Island

Rhode Island has a chapter devoted to this, and its consent test is the broadest in the country.

  • Non-consensual trackingIllegalVerifiedrequires the consent of the operator AND ALL OCCUPANTS of the vehicle
  • Owner exceptionNarrower than elsewhere. Owning the car does not release you from the operator-and-occupants consent test
  • Employer rulesGet employee consent, and remember passengers count too
  • PenaltiesCriminal offense under Title 11
  • Law enforcementWarrant required
  • StatuteR.I. Gen. Laws § 11-69-1, with carve-outs for stolen-goods and theft-recovery devices and for dealer devices with express written consent

South Carolina

South Carolina has no statute written about private tracking. The section usually cited is a court-order provision.

  • Non-consensual trackingNot explicitno private-tracking offense on the books, so it is reached through stalking and privacy law
  • Owner exceptionYes, your own car or property
  • Employer rulesCompany vehicles only with employee consent
  • PenaltiesGeneral privacy and anti-stalking laws apply
  • Law enforcementS.C. Code 17-30-140 lets the Attorney General or a solicitor apply to a judge for a mobile tracking device order
  • StatuteNo specific GPS law. A bill to create one has been introduced but is not law

South Dakota

South Dakota has no dedicated tracking statute, so consent and stalking law decide it.

  • Non-consensual trackingNot explicitno tracking-device offense found, so it is reached through privacy and stalking law
  • Owner exceptionYes, your own vehicle, or a parent tracking a child's car
  • Employer rulesCompany vehicles are fine, but workers must know
  • PenaltiesHandled under South Dakota's privacy laws
  • Law enforcementWarrant required
  • StatuteNo dedicated GPS law, so general tracking and privacy law applies

Tennessee

Tennessee requires the consent of ALL owners, which quietly rules out a lot of family situations.

  • Non-consensual trackingIllegalVerifiedknowingly installing, concealing or placing a device on a vehicle without the consent of ALL owners, for the purpose of monitoring an occupant
  • Owner exceptionNarrow. One co-owner cannot consent for the other. A lessee's consent is needed where the vehicle is leased
  • Employer rulesEmployee consent required before tracking
  • PenaltiesClass A misdemeanor under Title 39
  • Law enforcementLawful law-enforcement use is carved out
  • StatuteTenn. Code Ann. § 39-13-606, with a parent or guardian exception where they own or lease the vehicle and are monitoring a minor child

Texas

Texas makes installing a tracker on another person's vehicle a crime, with effective consent as a defense.

  • Non-consensual trackingIllegalVerifiedClass A misdemeanor
  • Owner exceptionYes, your own vehicle, and parents tracking minor children
  • Employer rulesWritten consent required, even for company cars
  • PenaltiesClass A misdemeanor, up to $4,000 and up to one year in county jail
  • Law enforcementWarrant required
  • StatuteTexas Penal Code § 16.06

Utah

Utah has had a dedicated tracking-device offense since 2019. Summaries calling it a general-statutes state are wrong.

  • Non-consensual trackingIllegalVerifiedunlawful installation of a tracking device, a class A misdemeanor
  • Owner exceptionTurns on the permission of the owner or lessee of the vehicle
  • Employer rulesEmployee consent required
  • PenaltiesClass A misdemeanor
  • Law enforcementPeace officers are addressed separately in the statute, and licensed private investigators acting for a legitimate business purpose are also carved out
  • StatuteUtah Code § 76-9-408. Note it was renumbered in May 2025, so check the current section number

Vermont

Vermont treats location tracking without consent as stalking.

  • Non-consensual trackingIllegalreached through the stalking statute
  • Owner exceptionYes, your own car or your child's vehicle
  • Employer rulesConsent required, and no secret GPS is allowed
  • PenaltiesFalls under Vermont's stalking statutes
  • Law enforcementWarrant required
  • Statute13 V.S.A. § 1062, stalking. The Vermont Electronic Communication Privacy Act governs government access to electronic data rather than private tracking

Virginia

Virginia charges covert tracking criminally, and bars using deception to obtain consent.

  • Non-consensual trackingIllegalunauthorized use of an electronic tracking device
  • Owner exceptionYes, but deception or trickery is off-limits
  • Employer rulesMust get consent and be transparent
  • PenaltiesProsecuted under Virginia's criminal codes
  • Law enforcementWarrant required
  • StatuteVa. Code § 18.2-60.5, unauthorized use of an electronic tracking device

Washington

In Washington the test is whether the tracking makes someone feel unsafe.

  • Non-consensual trackingIllegalwhere it causes fear
  • Owner exceptionYes, your own car or your teen's
  • Employer rulesCompany vehicles only with consent, and never in a way that causes fear
  • PenaltiesCriminal offenses under stalking and fear-based laws
  • Law enforcementWarrant required
  • StatuteRCW § 9A.90.130

West Virginia

West Virginia escalates on a second offense.

  • Non-consensual trackingIllegal
  • Owner exceptionYes, your own vehicle, or a parent tracking a child's car
  • Employer rulesEmployee consent required before tracking
  • PenaltiesFirst offense is serious, and a second offense can be a felony
  • Law enforcementWarrant required
  • StatuteW.Va. Code § 61-3-50

Wisconsin

Wisconsin criminalizes two separate acts, and most summaries only mention the first.

  • Non-consensual trackingIllegalVerifiedClass A misdemeanor, covering BOTH placing a GPS device on another person's vehicle without consent AND intentionally obtaining location information from a device placed without consent
  • Owner exceptionYes, a vehicle you own or lease
  • Employer rulesCompany vehicles are fine, but employees should be told. Consent is safest
  • PenaltiesClass A misdemeanor. Reading the data is an offense in its own right, even if someone else placed the device
  • Law enforcementWarrant required
  • StatuteWis. Stat. § 940.315, global positioning devices

Wyoming

Wyoming names GPS inside its stalking statute, so the device is written into the law by name.

  • Non-consensual trackingIllegalVerifiedusing any electronic, digital or global positioning system device to place a person under surveillance without authorization, with intent to harass
  • Owner exceptionYes, your own car or property
  • Employer rulesTracking with consent is fine, but secret tracking is risky
  • PenaltiesMisdemeanor, up to one year and a $750 fine
  • Law enforcementWarrant required
  • StatuteWyo. Stat. § 6-2-506(b)(iv)

The pattern worth remembering. A state with no tracking statute is not a state where tracking is allowed. It is a state where the charge is stalking instead.

What has been verified, and what has not

Entries marked Verified have been checked against the statute text on a primary legal source. The rest are summaries that have not been independently confirmed, and state legislatures amend this area often.

Where a citation appears without a link, no stable public URL for the official text was found. Search your state legislature’s site for the section number before relying on any entry here.

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Employer Rules, And Where They Are Actually Written Down

Most summaries claim employers need written consent in nearly every state. That overstates it. Very few states have a statute written about vehicle tracking specifically. The rest is general privacy law plus sensible practice.

The short version. Four states have a written notice rule, and only one of them was drafted about vehicles.

State What the law actually says What this means in practice
New Jersey N.J.S.A. 34:6B-22 requires written notice before using a tracking device in a vehicle an employee operates, including their own The clearest rule in the country. $1,000 for a first violation, $2,500 for each one after
Connecticut Conn. Gen. Stat. 31-48d is an electronic-monitoring notice statute written for phone, email and internet Whether vehicle GPS falls inside it is unsettled. Give notice anyway
Delaware 19 Del. C. 705 is also an electronic-monitoring notice statute Same position as Connecticut. Notice is the safe reading
New York Civil Rights Law 52-c requires notice of electronic monitoring of telephone, email and internet Not written about vehicles. Employers still notify in practice
Everywhere else No vehicle-specific employee tracking statute General privacy and stalking law applies. A written policy and signed acknowledgement is the standard approach

The practical rule regardless of state

Track company vehicles, not personal ones. Tell people in writing before the device goes on. Limit monitoring to working hours where you can. Doing those three things keeps you clear in every state, whether or not a statute requires them.

What Changed Recently

One development is worth knowing about, because it signals where enforcement is heading on location data generally.

JANUARY 2025

Texas Attorney General v. Allstate and Arity

Texas sued Allstate and its analytics subsidiary Arity over driver location data. The data came from software embedded in third-party mobile apps. The state alleges collection and sale without notice or consent, covering over 45 million consumers. Allstate denies the allegations.

Why it belongs here. This concerns phone-app telematics rather than trackers bolted to cars. It is also the first state enforcement action under a comprehensive privacy law. The direction of travel is that location data needs disclosed, consented collection whatever the source.

Staying Compliant

Checklist of steps for staying compliant when installing a GPS tracker on a vehicle
Most of this is documentation. The paperwork is what protects you if anyone asks later.
  1. 1
    Get consent, in writing. From employees, from other adults who drive the car, from anyone whose movements the device will record.
  2. 2
    Only track what you own or lease. If the title is not in your name or the business’s name, assume you need consent.
  3. 3
    Keep monitoring to working hours where the vehicle is a work vehicle. Off-hours tracking is where employer cases start.
  4. 4
    Never conceal it. Several states turn on whether the tracking caused fear or distress, and concealment is what produces both.
  5. 5
    Employers, write the policy down. Which vehicles are tracked, when tracking is active, how long data is kept, and who can see it.
  6. 6
    Parents, talk to the teenager. Legal for a minor in most states, and it works better as a stated rule than as a discovery.
  7. 7
    Ask a lawyer for the hard cases. Partner tracking, divorce, custody, or tracking across state lines. These are the ones that go wrong.
  8. 8
    Keep the records. Consent forms, policies, acknowledgements. If a dispute arrives, the paperwork is the defense.

If you think someone is tracking you

This guide is written for people deciding whether to install a tracker. On the other side of it? If you believe someone placed one on your vehicle without your knowledge, treat the device as evidence. Photograph it where you found it and leave it in place while you decide what to do.

Removing it tells the person you found it, which sometimes escalates the situation rather than ending it. That timing is worth talking through with someone trained in it before you act.

The National Domestic Violence Hotline is free and confidential around the clock on 1-800-799-7233. The Stalking Prevention, Awareness, and Resource Center publishes guidance written for exactly this situation.

GPS tracking laws are subject to change, so use this article as a guide and not a legal document. If you are worried you might be doing something illegal, speak to a lawyer.

Ryan Horban, GPS Tracking Expert

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About the Author

Ryan Horban
Ryan Horban
GPS Tracking Expert 15+ Years of Experience

Over the past 15 years, I’ve helped everyone from parents and pet owners to fleet managers and small business teams choose GPS solutions that actually work.

Whether it’s tracking a car, a child, or an entire fleet, my focus is on simple, legal, and effective setups that protect what matters, without the tech headaches.

I've worked hands-on with real users, tested dozens of devices, and know what truly works in the real world.

Frequently Asked Questions

Usually no. If you don’t own the car or don’t have permission, it’s likely illegal in most U.S. states.

Federal and state laws view this as an invasion of privacy. You can track your own car or with consent, but planting a GPS on someone else’s ride? That’s stalking in many states.

Yes. In most cases, law enforcement must get a court-issued warrant.

U.S. Supreme Court decisions (like United States v. Jones) require a warrant before attaching a GPS device to someone’s car. Exceptions may apply in emergencies, but they’re rare.

Yes, with conditions. But consent and notice are usually required.

Most states allow employers to track company-owned assets. However, workers must be notified, and for phones or personal vehicles, written consent is strongly recommended.

It varies by state. Fines can reach $1,000–$5,000 or lead to jail time.

Example: In Texas, illegal GPS tracking is a Class A misdemeanor, up to 1 year in jail. Other states like California, Colorado, and Washington impose similar or harsher penalties.

If you’re the legal parent or guardian, then yes.

Parents typically have the legal right to track minor children using devices on vehicles or phones they own. But once they turn 18? You’ll likely need consent.

Yes, but most enforcement is state-level.

Federal laws like the Wiretap Act and Electronic Communications Privacy Act may apply, especially if the tracker transmits private data across state lines.

Changes happen every year, usually in January or July.

To stay compliant, check your state’s official legal site, subscribe to law firm alerts, or revisit trusted sources like this page (we update it annually).

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