GPS Tracking Laws By State

Want to use a GPS device to track your husband without getting caught?

Maybe you want to track your employees to make sure they aren’t driving 110 in a 55.

Either way, you need to make sure it’s legal first. If you get caught, there could be severe legal consequences. You could even face jail time or lose your business license. Don’t worry, we’ll show you how to create a proper GPS tracking policy at the end of the article.

GPS laws vary state by state, so to make your life easier, we’ve researched the laws in all 50 states in 2024 and placed the info here. We’ve even provided links to the laws to prove it.

We’ve also included some situations where using a location tracking device is legal, as well as some famous court cases that have influenced the subject.

Let’s jump right in.

GPS Laws by State in the US

State	Legal Reference	Statutory Overview
Alaska	Alaska Code § 11-41-270(H) Stalking	In Alaska, the act of stalking encompasses following or monitoring someone using a global positioning device or any similar technological tools. Using a GPS to track someone without their knowledge or consent can be considered stalking under Alaskan law.
Arizona	Ariz. Rev. Stat. § 13-2923 Stalking	In Arizona, unauthorized use of a GPS or electronic device to continuously monitor someone's activities or online behavior for 12 hours or on multiple occasions is defined as stalking.
California	Cal. Pen. Code § 637.7 Miscellaneous Crimes	In California, using electronic tracking devices to follow individuals is prohibited, with certain exceptions. This includes devices attached to movable objects transmitting electronic signals to disclose location or movement.
Connecticut	CGS § 53a-181f Electronic stalking: Class B misdemeanor	In Connecticut, using a GPS or similar system to repeatedly and remotely track someone, causing them to fear for their safety, is defined as electronic stalking.
Delaware	11 Del. C. § 1335(8) Offenses Against Public Health, Order and Decency	In Delaware, it's illegal to knowingly place a tracking device on a motor vehicle without the consent of its owner or lessee.
Florida	Fla. Stat. § 934.425 Security of Communications, Surveillance	In Florida, it's illegal to install a tracking device or app on someone's property without their consent. Consent is presumed revoked if: (a) A marital dissolution petition is filed by one spouse against the other. (b) One party files a protective injunction against the other.
Hawaii	H.R.S. § 803-41, H.R.S. § 803-42 Electronic Eavesdropping	In Hawaii, the intentional use of a tracking device requires a search warrant or other order, unless there's consent. A "tracking device" refers to any tool that allows for tracking the movement of a person or object.
Illinois	720 ILCS 5/12-7.3 Stalking	In Illinois, if someone previously convicted of stalking knowingly follows the same person or places them under surveillance, and transmits a threat to them or their family, it's considered stalking. "Placing a person under surveillance" includes being outside their usual locations or placing an electronic tracking device on the person or their property.
Illinois	720 ILCS 5/21-2.5 Trespass	In Illinois, it's prohibited to use an electronic tracking device to determine a person's location or movement. An "electronic tracking device" is defined as a device attached to a vehicle transmitting signals to reveal its location or movement.
Louisiana	La. R.S. § 14:323 Tracking devices prohibited; penalty	In Louisiana, it's illegal to use a tracking device to determine another person's location or movement without their consent. A "tracking device" is any tool transmitting signals to disclose its location or movement.
Maryland	Md. Stat. § 3-802 Stalking	In Maryland, stalking can occur in person, through electronic communication, or by using a device that tracks another person's location without their knowledge or consent.
Michigan	MCLS 750.5392 Tracking device; placement or installment on motor vehicle without consent	In Michigan, it's illegal to place a tracking device on a motor vehicle without consent. A "tracking device" is any electronic tool designed to track a vehicle's location, regardless of recording capability.
Minnesota	Minn. Stat. § 626A.35 General pro-hibition on pen register, trap and trace device and mobile tracking device use	In Minnesota, using a tracking device without a court order is prohibited, with certain exceptions. A "mobile tracking device" refers to any tool that allows for the tracking of a person's or object's movement.
New Hampshire	N.H. Rev. Stat. § 644-A:4  Conditions of Use of Location Information	In New Hampshire, it's prohibited to place an electronic device on another person or their property without consent to obtain location information. An "electronic device" includes devices like cellular phones that access communication, computing, or location services.
New York	NY CLS Penal § 120.45 Stalking in the fourth degree	In New York, "following" encompasses unauthorized tracking of someone’s movements using a GPS or similar device. A person is guilty of fourth-degree stalking when they intentionally, without a valid reason, target a specific individual, causing them significant mental or emotional distress. This includes following or contacting them, especially after being clearly told to stop.
North Carolina	NCGS § 14-196.3 Cyberstalking	In North Carolina, it's unlawful to use, install, or cause an electronic tracking device to be used without consent to track another person's location. An "electronic tracking device" is any tool that allows someone to remotely track another person's position and movement
North Dakota	N.D. Cent. Code, § 12.1-17-07.1 Stalking	In North Dakota, stalking includes unauthorized tracking of a person's movements via GPS or other electronic means, especially if it would cause a reasonable person to feel frightened, intimidated, or harassed and lacks a legitimate purpose.
Oklahoma	21 Okl. St. § 1173 Stalking	In Oklahoma, "following" within the context of stalking includes tracking someone's movements or location using a GPS or other monitoring device without their consent. However, this doesn't apply to lawful uses of GPS devices, or when motor vehicle dealers or creditors use them in relation to vehicle credit sales, loans, or leases, provided they have the vehicle owner or lessee's written consent.
Oregon	ORS § 163.715 Offenses against persons	In Oregon, it's a crime to knowingly attach a GPS device to a motor vehicle without the owner's consent.
Rhode Island	R.I. Gen. Laws § 11-69-1 Electronic tracking of motor vehicles	In Rhode Island, it's an offense to knowingly use or place an electronic tracking device on a motor vehicle without the consent of both the operator and all occupants, if the intent is to monitor or follow them.
Tennessee	Tenn. Code Ann. § 39-13-606  Electronic tracking of motor vehicles	In Tennessee, it's illegal to install, hide, or place a mobile tracking device in a motor vehicle.
Texas	Tex. Penal Code § 16.06 Unlawful installation of tracking device	In Texas, it's illegal to place a tracking device in a motor vehicle, though some exceptions apply. A "tracking device" is defined as any device that emits a signal used to identify or monitor the location of a person or object.
Utah	Utah Code § 76-9-408 Unlawful installation of a tracking device	In Utah, it's illegal for someone to knowingly install, or instruct another to install, a tracking device on a motor vehicle they don't own or lease without the permission of the vehicle's owner or lessee.
Virginia	Va. Code § 18.2-60.5 Unauthorized use of electronic tracking device	In Virginia, it's illegal to use an electronic tracking device through deceptive means to track someone's location without their consent. An "electronic tracking device" refers to any tool that allows someone to remotely track another person's position and movement.
Washington	RCW § 98.90.130 Cyberstalking	In Washington, it's illegal to install or monitor an electronic tracking device with the intent to track another person if doing so would reasonably cause that person to feel fear.
Wisconsin	Wisc. Stat. § 940.315 Global positioning devices	In Wisconsin, it's a Class A misdemeanor to: (a) Place a GPS or GPS-equipped device on another person's owned or leased vehicle without their consent. (b) Intentionally acquire information about another person's location or movement from a GPS or GPS-equipped device that has been placed without that person's consent
Wyoming	Wyo. Stat. § 6-2-506 Stalking; penalty	In Wyoming, a person can be charged with stalking if they, with the intent to harass, engage in behaviors likely to harass someone else. This includes using electronic, digital, or GPS devices to surveil someone or monitor their internet or wireless activity without their authorization.
District of Columbia	DC Code § 22-3132 Stalking	In Washington D.C., it is illegal to intentionally target someone by monitoring or surveilling them on two or more occasions. This includes using any device, such as electronic, mechanical, or digital equipment, GPS, electronic monitoring systems, or other surveillance tools.

Alabama

In Alabama, using a GPS tracker without consent is illegal unless you're the vehicle's owner. 

It is also illegal to engage in surveillance while trespassing on private property according to Alabama code 13A-11-32. GPS tracking may fall under that category, so be careful.

Alaska

Alaska prohibits non-consensual GPS tracking. You can read the full anti-stalking law here. Placing a device to monitor someone’s location could fall under this law.

A unique aspect of their law is that only law enforcement agencies can track individuals, and they must have a court-issued warrant to do so. Employers tracking employees also require consent.

Arizona

Arizona law 13-2923 clearly states that a person may not:

“use 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”.

If so, it’s considered stalking.

Arkansas

Arkansas law is fairly cut and dry. If it’s a company-owned vehicle, you do not need consent. If it’s an employee-owned vehicle, you do need consent.

California

California's GPS tracking laws are strict.

It's illegal to install a GPS tracker without consent unless you own the vehicle or have lawful reason. Notably, California mandates that employers must inform employees if they are being monitored via GPS.

You can read the law here: California Penal Code 637.7.

Colorado

Colorado strictly enforces Vonnie’s Law, named after Vonnie Flores. She was tragically murdered in 2010 by a stalker. The law is officially titled C.R.S 18-3-602.

You cannot repeatedly follow, contact, or place someone under surveillance.

Connecticut

According to Connecticut’s Public Act 21-56 on online harassment, you cannot surveil another person by means of a device.

Delaware

Under Delaware Criminal Code Title 11- Chapter 5, you cannot install a tracking device without the owner’s consent or track their location. If you do, it’s a violation of privacy. Exemptions exist for law enforcement and the parent or guardian of a minor.

Florida

According to Chapter 934 Section 425,  a person may not knowingly install a tracking device or tracking application on another person's property without the other person's consent.

Georgia

In Georgia, using a GPS tracker without consent is illegal unless you own the vehicle or have legal authority. Law enforcement agencies must obtain a warrant. The state strictly enforces privacy protections and penalizes unauthorized tracking heavily.

Hawaii

Hawaii prohibits unauthorized GPS tracking, with exceptions for law enforcement or vehicle owners. Both H.R.S 803-41 and H.R.S. 803-42, cover this.

Idaho

Idaho Title 18-6701 governs the use of electronic devices to track or intercept communications, but does not mention GPS devices or locations specifically. However, it’s best to get consent before tracking someone in a vehicle you don’t own.

Illinois

Illinois statute 720 ILCS 65/12-7.3 clearly states that you cannot put someone under surveillance without their consent. The law clearly mentions that this involves“placing an electronic tracking device on the person or the person's property.”

Indiana

Indiana Code 35-46-8.5-1 makes it unlawful to track someone with a GPS device without their consent unless they are law enforcement with a search warrant or a family member.

Iowa

Iowa Code 708.11A is a rare case where the state specifically mentions a GPS device in the law. This offense is called “unauthorized placement of a global positioning device”. You cannot place a GPS on a person or object to track movements without a legitimate purpose or consent.

Kansas

Kansas Senate Bill 217 prevents using a GPS tracking device to stalk a person’s location, movements, or tracking patterns. It has been approved by the governor.

Kentucky

Kentucky Statute 508.152  governs the unlawful use of a tracking device. When a person intentionally places a device on a motor vehicle or tracks the location without the person’s consent, it is illegal.

Louisiana

Louisiana law R.S. 14:323 says “no person shall use a tracking device to determine the location or movement of another person without the consent of that person.” Pretty cut and dry there.

Maine

In Maine, title 17-A M.R.S., 210-A clearly states that you cannot, by any action, method, or device, follow, track, observe, or surveil another person. This would constitute stalking to some degree.

Maryland

In Maryland, you cannot use a device to track the location of another person without their consent under code 3-802. This is criminal stalking. 

Massachusetts

Massachusetts law ALM GL. 265-43A on criminal harassment prohibits the use of devices that transmit data if it's related to a pattern of conduct that causes a person distress. It does not mention GPS trackers specifically, but it seems as though it would fall under this category.

Michigan

In Michigan, statute MCLS 750.5392 prohibits individuals from placing tracking devices on a vehicle without the knowledge and consent of the owner or lessee. Violations of this law are punishable by up to one year of imprisonment, a fine of $1,000, or both.

Minnesota

Minnesota statute 626A.35 prohibits tracking the movement of another person without a court order or consent. The punishment is a $3,000 fine or 364 days in prison or both.

Mississippi

In Mississippi, it is considered stalking when a GPS device is used to follow other people in a way that makes them feel uncomfortable. This falls under stalking law 97-3-107. 

Missouri

Missouri Law 455.095 states that you cannot install a device on someone’s vehicle without their consent unless they are unable to take care of themselves.

Montana

In Montana, you must obtain consent or a search warrant to track someone’s location. In 2013, House Bill 603 made it so that law enforcement has to obtain a warrant to track a person’s location.

Nebraska

We could not find any information on Nebraska GPS laws, but one senator is trying to enact legislation that would punish stalkers.

Nevada

Nevada’s bill AB356 is an act relating to mobile tracking devices that prohibits a person from installing a device on another person’s vehicle. Nevada holds that this is an invasion of privacy and is against the law.

New Hampshire

It is illegal to place an electronic tracking device on someone else’s vehicle in New Hampshire according to statute 644-A:4. 

New Jersey

In New Jersey, an employer cannot track employees without their consent, according to statute 4:6B-22. What’s interesting here is that this applies to BOTH company vehicles and employee-owned vehicles.

New Mexico

New Mexico’s anti-stalking law 30-3A-3 prevents the use of any device to follow, monitor, or surveil someone in a way that gives the reasonable apprehension of death, bodily harm, assault, or confinement.

North Carolina

North Carolina’s law on cyberstalking 14-196.3 states you cannot knowingly use a GPS tracking device on someone else without their consent.

North Dakota

North Dakota code 12.1-17-07.1 on stalking mentions the unauthorized tracking of a person’s movement using a GPS device.

Ohio

Ohio section 2903.211 does not specifically mention GPS tracking, but it does mention electronic devices to transfer information.

Oklahoma

You cannot use GPS to track a person’s location under statutes Title 21-1173.

Oregon

Oregon statute 163.715 says that you cannot place a GPS device on someone’s vehicle to track their location without their consent.

Pennsylvania

Pennsylvania’s Title 18 Subchapter D , states that you must require consent in order to place a mobile tracking device on a vehicle.

Rhode Island

Rhode Island's Gen. Laws. 11-69-1 on the electronic tracking of motor vehicles states that it is an offense for a person to knowingly install, conceal, or otherwise place an electronic tracking device on a vehicle without consent. There are exceptions for law enforcement, however. 

South Carolina

Under South Carolina Code 17-30-50, you cannot use a pen register, trap device, or tracking device to monitor someone else’s location.

South Dakota

South Dakota Codified Law 23A-35-4.3 requires that law enforcement obtain a warrant from a magistrate before using a GPS tracking device. This provision specifically applies to law enforcement activities, ensuring that any use of such surveillance tools is subject to judicial oversight.

Tennessee

Tennessee Code Ann. 39-13-606 prohibits attaching an electronic tracking device to a vehicle without the consent of all owners. It is also illegal for a lessee to install a GPS tracking device on a rented vehicle without permission.

Texas

Under Texas Penal Code 16.06, placing an electronic tracking device on a vehicle is illegal unless consent is provided by the owner or lessee, or it is part of a criminal investigation.

Utah

Utah Code 76-9-408 prohibits installing a tracker on a vehicle owned or leased by another person without consent. Exceptions apply to law enforcement with a warrant, licensed private investigators, and legal guardians of children or elders.

Vermont

Vermont’s anti-stalking laws prohibit tracking individuals without their consent with any type of device.

Virginia

Virginia Code 18.2-60.5 clearly states that it is against the law to use a tracker without consent.

Washington

Washington’s cyberstalking law, RCW 9A.90.130, makes it unlawful to use an electronic tracker to track someone’s location.

West Virginia

West Virginia Code 61-3-50 makes it illegal to use a GPS device to track another person without consent. The first offense is classified as a misdemeanor, while subsequent offenses are treated as felonies.

Wisconsin

Wisconsin Statute 940.315 prohibits placing a GPS tracker on a vehicle without the owner's consent. Additionally, it is illegal to gather location data from such devices.

Wyoming

Wyoming Statute 6-2-506 forbids using electronic, digital, or GPS devices to track someone without proper authorization.

Famous Court Cases That Shaped GPS Laws in America

Since vehicle surveillance devices hit the market, court cases addressing the ethical and lawful use of GPS trackers have taken off. 

In fact, several high-profile cases involving law enforcement using GPS to track civilians have made it all the way to the Supreme Court. 

Here are a few famous GPS court cases from recent years:

Elgin v. Coca-Cola Bottling Co. (2005

In this case, a Coca-Cola employee challenged the company’s right to monitor a company-owned vehicle outside of work hours. The court sided with the company, ruling that tracking a vehicle it owns is lawful, even beyond work hours.

Tubbs v. Wynn Transport (2007)

An employer tracked a company-owned vehicle without informing the employee. The court again ruled in favor of the employer, emphasizing that because the vehicle was company property, monitoring was within its rights.

United States v. Jones (2011)

In this landmark case, police placed a GPS tracker on a suspected drug dealer’s vehicle without a warrant. While the GPS evidence was damning, the Supreme Court ruled that the police had violated Jones’ Fourth Amendment rights. This case established a precedent for requiring a warrant in GPS surveillance.

Cunningham v. New York Department of Labor (2013)

The New York Department of Labor tracked an employee’s vehicle after hours without his knowledge. Given the employee’s history of falsifying work hours, the court ruled in favor of the employer, noting that the GPS evidence was valid.

United States v. Katzin (2013)

Police placed a GPS tracker on Katzin’s car, suspecting him of multiple robberies. The court ruled against the police, stating that their actions violated Katzin’s Fourth Amendment rights, since they didn’t obtain a warrant.

Legal Situations for Using GPS Tracking: Keeping Your Loved Ones, Vehicles, and Assets Safe

GPS laws vary from state-to-state. However, one thing is fairly consistent: if you own a vehicle, you can track its location. Another thing is fairly consistent: if the person cannot take care of themselves, it’s legal to track them to keep them safe (with certain limitations). Let’s cover a few instances where GPS tracking is almost always legal:

With Consent: It is legal to use a GPS tracker if you have the consent of the vehicle’s owner or lessee.

Tracking Personal Property: You can legally place a GPS tracker on property that you own, such as your own vehicle, to monitor its location.

Parental Monitoring: Parents or legal guardians may legally use GPS trackers to monitor their minor children, especially for safety reasons.

Employer Tracking: Employers can legally track company-owned vehicles used by employees, as long as employees are informed of the tracking.

Law Enforcement with a Warrant: Police and government agencies can legally use GPS trackers for surveillance, but only if they obtain a search warrant beforehand.

How to Create an Employee GPS Tracking Policy Step by Step in 2024 (Don't Break the Law)

Step 1: Define the purpose and choose the GPS tracking system

Clarify why you need to track employees. Common reasons include improving efficiency, managing fleets, or ensuring safety. Select a GPS system that meets these needs, offering features such as real-time tracking and data security. Be transparent about the specific purpose to avoid legal complications.

Step 2: Create a clear, legal-compliant policy

Draft a policy that complies with local labor and privacy laws. Include the purpose of tracking, the type of data collected, and the method of tracking. The policy must be easy for employees to understand and free of ambiguous language that could lead to disputes.

Step 3: Outline data collection, usage, and privacy guidelines

Detail the data you will collect (e.g., location, timestamps) and specify how it will be used, such as for performance monitoring or safety checks. Clearly state who can access the data and what safeguards are in place to protect employee privacy and prevent misuse.

Step 4: Get employee consent and provide necessary training

Require employees to provide written consent before implementing GPS tracking. This ensures they understand and agree to the policy. Conduct training sessions to explain how the GPS system works, what data will be collected, and how their privacy is protected under the policy.

Step 5: Review and update the policy regularly

Regularly assess the GPS tracking policy to ensure it remains compliant with new laws and company practices. Make updates as needed, especially if you introduce new tracking methods or change the system’s functionality. Keep employees informed about any changes and adjust training accordingly.

GPS Laws by State F.A.Q

Q: Are GPS trackers legal in South Carolina?

Yes, GPS trackers are legal, but you need consent or a warrant as per South Carolina Bill 3213.

Q: Can an employer track your location without permission?

In general, yes, an employer can track your location without your permission so long as they own the vehicle and it’s for work purposes.

Q: What is the law on GPS tracking in Texas?

Under Texas Penal Code, you cannot install a tracking device on someone else’s vehicle without their consent.

Legal Disclaimer

This article is meant to give you a general idea about GPS tracking laws by state, not to serve as legal advice. Remember, GPS tracking laws change from state to state and can be updated at any time. Using a GPS tracker without proper authorization could get you in serious trouble—think fines, jail time, or even lawsuits.

Before you buy or use a GPS tracker, it’s smart to talk to a lawyer who knows your state's privacy laws inside and out. A good attorney can give you advice that fits your situation and helps keep you on the right side of the law. At GPS Tracker Shop, we strongly recommend you get legal advice before investing in or using any GPS tracking device if there’s even a chance it might not be legal.