Tracking Someone Without Consent: Laws, Penalties, and Response

Tracking someone without their consent is illegal in most situations under a combination of federal and state laws, and the penalties range from misdemeanor fines to, in the worst cases, life in federal prison. The exact charge depends on the technology used, your relationship to the person, and where the tracking happens. At least 26 states and the District of Columbia have laws that specifically address private use of location tracking devices, and federal statutes cover interstate stalking, unauthorized computer access, and the interception of electronic communications.¹

What Counts as Illegal Tracking

Three federal statutes do most of the work, and each one covers a different piece of the problem.

The federal interstate stalking statute, 18 U.S.C. § 2261A, makes it a crime to use any electronic communication service or interactive computer service to engage in a course of conduct that places another person in reasonable fear of death or serious bodily injury, or that causes substantial emotional distress.² GPS data, a tracking app, or any internet-connected monitoring tool used to harass someone across state lines falls within this law.

The Computer Fraud and Abuse Act, 18 U.S.C. § 1030, criminalizes accessing a “protected computer” without authorization or exceeding the access you were given.³ A “protected computer” is any device used in or affecting interstate commerce, which covers virtually every smartphone and laptop. Installing spyware on someone’s phone, breaking into their cloud account to pull location data, or secretly turning on location sharing all fit within this statute.

The Federal Wiretap Act, 18 U.S.C. § 2511, targets the real-time interception of electronic communications, including location data as it transmits from a phone or tracking device.⁴

At the state level, the laws split into two groups. About a dozen states and the District of Columbia fold tracking prohibitions into their stalking statutes, which means prosecutors have to show a pattern of conduct rather than a single incident. Nine states, including Texas, Illinois, Michigan, and Oregon, have standalone statutes that specifically prohibit installing a location tracker on someone else’s vehicle without consent.¹ In those states, attaching the device is enough to trigger criminal liability on its own.

The patchwork is growing fast. Ohio added a new prohibition on installing electronic tracking devices without consent in late 2024, and Florida passed legislation that year covering both the installation and use of tracking devices and apps. If you want to know what’s legal where you live, the first question is whether your state has a specific tracking-device statute or whether tracking falls under the broader stalking law, because the distinction changes what a prosecutor has to prove.

Bluetooth Trackers and AirTags

Apple AirTags, Tile trackers, and similar Bluetooth devices now show up constantly in stalking cases. They’re cheap, easy to hide, and need no technical skill to deploy. The existing stalking and tracking laws apply to them exactly as they apply to traditional GPS trackers. Slipping an AirTag into someone’s bag or attaching one to their car without consent is prosecutable under the same statutes.

Since May 2024, iPhones running iOS 17.5 and Android devices running version 6.0 or later display an alert when an unknown Bluetooth tracker has been traveling with the user over time.⁵ The alert reads “[Item] Found Moving With You.” It’s a useful safety tool, but it doesn’t catch everything. Older phones, non-compliant trackers, and dedicated GPS devices won’t trigger a notification.

When Tracking Is Legally Permitted

Not every form of tracking without explicit verbal consent is illegal. A few situations are generally recognized as lawful:

Parents and legal guardians can monitor their minor children’s location. Virtually no state restricts this. The authority belongs to the legal guardian specifically, so an ex-partner without custody typically cannot track a child they don’t have legal authority over.
You can place a GPS device on a vehicle titled in your name or on property you own. Shared ownership complicates things, as in a jointly titled car during a divorce, where state laws vary.
Employers can generally track company-owned vehicles and devices issued for business use when they have a written policy informing employees that monitoring occurs.
Law enforcement can use GPS tracking and access location data, but needs a warrant. The Supreme Court held in United States v. Jones (2012) that physically attaching a GPS tracker to a vehicle is a Fourth Amendment search, and in Carpenter v. United States (2018) that the government generally needs a warrant supported by probable cause to acquire historical cell-site location records from a wireless carrier. Those rulings govern what the government can do, not what private individuals can do.⁶⁷

The relationship between the tracker and the person tracked matters a great deal in borderline cases. Prosecutors and courts treat tracking by a former intimate partner as more serious than tracking by a stranger, because it frequently sits inside a broader pattern of domestic abuse and is more likely to produce felony rather than misdemeanor charges.

Criminal Penalties

The sentences available to a judge depend on which law the case is brought under and how much harm resulted.

Federal stalking under 18 U.S.C. § 2261A carries up to five years in prison in a baseline case. If the victim suffers serious bodily injury, the maximum rises to ten years. Life-threatening injury or permanent disfigurement raises it to twenty years. If the victim dies, the sentence can be life imprisonment. Stalking in violation of an existing restraining order or no-contact order carries a mandatory minimum of one year.⁸

Under the Computer Fraud and Abuse Act, a first offense for obtaining information from a protected computer without authorization carries up to one year. That ceiling rises to five years when the access was done to further another crime or for financial gain, and to ten years for repeat offenders.³ A Wiretap Act violation carries up to five years.⁴

At the state level, a first-offense tracking charge is typically a misdemeanor with fines ranging from several hundred to several thousand dollars, potential probation, and jail time of up to a year. When tracking is part of a broader stalking pattern, violates a restraining order, or targets a particularly vulnerable victim, many states elevate the charge to a felony with much longer prison sentences. Repeated or escalating conduct is what pushes a misdemeanor into felony territory.

Civil Lawsuits and Protective Orders

Criminal charges aren’t the only exposure. A person who has been tracked without consent can file a civil suit, and the financial consequences can be significant.

The most common claim is invasion of privacy. A victim can seek compensatory damages for therapy costs, lost wages, and emotional distress, plus punitive damages aimed at especially egregious conduct. Courts can also issue protective orders or restraining orders that prohibit the tracker from coming near the victim or contacting them.

Timing matters. The statute of limitations for invasion of privacy runs between one and three years in most states, measured from when the victim discovered or should have discovered the tracking. Waiting too long forfeits the right to sue, so anyone considering a civil claim should talk to an attorney soon after discovery.

What to Do If You Think You’re Being Tracked

If you find a tracking device or suspect you’re being monitored, the order of your response matters. Don’t destroy the device. It’s evidence.

Document and Preserve Evidence

Photograph the device from multiple angles. Capture its exact location, any serial numbers, and identifying marks. If it’s a Bluetooth tracker like an AirTag, screenshot any alerts your phone displayed. If your phone shows that location sharing was enabled without your knowledge, screenshot those settings before you change anything. On Android, check location sharing by going to Settings, then Location, then Location services, then Google Location Sharing.

Report to Law Enforcement

File a report with your local police department and bring everything you’ve documented. If the device is an AirTag or another Apple product, law enforcement can work directly with Apple using the serial number to request information about the owner.⁹ A police report also creates the paper trail you’ll need for any future restraining order or civil lawsuit.

Secure Your Digital Accounts

Physical trackers aren’t the only threat. Check your phone for unfamiliar apps, especially anything with location permissions you don’t recognize. Change passwords on your cloud accounts. Someone with access to your iCloud or Google account can see your location in real time without ever touching your phone. Turn on two-factor authentication everywhere. If you suspect spyware is on your phone, a factory reset is the most reliable way to remove it, though you should back up your data first and work with a technician if you can.

An attorney who handles privacy or family law can walk you through whether to pursue criminal charges, a civil lawsuit, a protective order, or some combination. In domestic violence situations, victim advocacy organizations offer safety planning and legal referrals at no cost.

1
National Conference of State Legislatures. Private Use of Location Tracking Devices – State Statutes
2
Office of the Law Revision Counsel. 18 USC 2261A – Stalking
3
Office of the Law Revision Counsel. 18 USC 1030 – Fraud and Related Activity in Connection With Computers
4
Office of the Law Revision Counsel. 18 USC 2511 – Interception and Disclosure of Wire, Oral, or Electronic Communications
5
Apple. Apple and Google Deliver Support for Unwanted Tracking Alerts in iOS and Android
6
Legal Information Institute. United States v Jones
7
Justia US Supreme Court. Carpenter v United States, 585 US (2018)
8
Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
9
Apple Support. Detect Unwanted Trackers