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Alaska
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Alaska Code § 11-41-270(H)
Stalking
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Stalking includes following or monitoring a person with a global positioning device or similar technological means.
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Arizona
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Ariz. Rev. Stat. § 13-2923
Stalking
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Stalking 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.
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California
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Cal. Pen. Code § 637.7
Miscellaneous Crimes
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Prohibits using electronic tracking devices to follow people, with some exemptions.
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."
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Connecticut
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CGS § 53a-181f
Electronic stalking: Class B misdemeanor.
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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.
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Delaware
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11 Del. C. § 1335(8)
Offenses Against Public Health, Order and Decency
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Delaware 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.
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Florida
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Fla. Stat. § 934.425
Security of Communications, Surveillance
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A person may not knowingly install a tracking device or tracking application on another person’s property without the other person’s consent.
(3) For purposes of this section, 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.
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Hawaii
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H.R.S. § 803-41, H.R.S. § 803-42
Electronic Eavesdropping
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Prohibits intentional use of a mobile tracking device without first obtaining a search warrant or other order, unless the device is installed consent.
Defines "tracking device" as "an electronic or mechanical device that permits the tracking of the movement of a person or object."
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Illinois
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720 ILCS 5/12-7.3
Stalking
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A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraing to that person or a family member of that person.
(7) "Places a person under surveillance" means: (1) remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.
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Illinois
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720 ILCS 5/21-2.5
Trespass
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Prohibits use of an electronic tracking device to determine the location or movement of a person.
“Electronic tracking device” means any device attached to a vehicle that reveals its location or movement by the transmission of electronic signals.
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Louisiana
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La. R.S. § 14:323
Tracking devices prohibited; penalty
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Prohibits any person from using a tracking device to determine the location or movement of another person without consent.
A "tracking device" means any device that reveals its location or movement by the transmission of electronic signals.
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Maryland
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Md. Stat. § 3-802
Stalking
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Provides that stalking includes conduct described that occurs: (i) in person; (ii) by electronic communication, as defined in § 3–805 of this subtitle; or (iii) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.
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Michigan
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MCLS 750.5392Tracking device; placement or installment on motor vehicle without consent
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Prohibits placing a tracking device in or on a motor vehicle without consent.
"Tracking device" means any electronic device that is designed or intended to be used to track the location of a motor vehicle regardless of whether that information is recorded.
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Minnesota
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Minn. Stat. § 626A.35
General pro-hibition on pen register, trap and trace device and mobile tracking device use
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Prohibits any individual from using a tracking device without a court order authorizing them to do so, with one exception.
Defines "mobile tracking device" as an electronic or mechanical device that permits the tracking of the movement of a person or object.
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New Hampshire
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N.H. Rev. Stat. § 644-A:4 Conditions of Use of Location Information.
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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.
"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."
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New York
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NY CLS Penal § 120.45
Stalking in the fourth degree
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For the purposes of subdivision two of this section, “following” shall include the unauthorized tracking of such person’s movements or location through the use of a global positioning system or other device.
A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:…
2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct....
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North Carolina
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NCGS § 14-196.3
Cyberstalking
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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.
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."
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North Dakota
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N.D. Cent. Code, § 12.1-17-07.1
Stalking
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The definition of stalk includes…
(2) The unauthorized tracking of the 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.
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Oklahoma
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21 Okl. St. § 1173
Stalking
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For purposes of determining the crime of stalking, the following definitions shall apply: ....6. “Following” shall include the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked; provided, this shall not apply to the lawful use of a GPS device or other monitoring device or to the use by a new or used motor vehicle dealer or other motor vehicle creditor of a GPS device or other monitoring device, including a device containing technology used to remotely disable the ignition of a motor vehicle, in connection with lawful action after default of the terms of a motor vehicle credit sale, loan or lease, and with the express written consent of the owner or lessee of the motor vehicle.
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Oregon
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ORS § 163.715
Offenses against persons
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Establishes 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.
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Rhode Island
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R.I. Gen. Laws § 11-69-1
Electronic tracking of motor vehicles
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It 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.
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Tennessee
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Tenn. Code Ann. § 39-13-606
Electronic tracking of motor vehicles
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Tennessee makes it illegal for an individual to install, conceal, or otherwise place a mobile tracking device in a motor vehicle.
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Texas
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Tex. Penal Code § 16.06
Unlawful installation of tracking device
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Provides that it is illegal for any individual to place a tracking device in a motor vehicle, while providing for some exceptions.
Defines "Electronic or mechanical tracking device" as a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.
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Utah
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Utah Code § 76-9-408
Unlawful installation of a tracking device
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Prohibits 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.
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Virginia
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Va. Code § 18.2-60.5
Unauthorized use of electronic tracking device
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Prohibits using an electronic tracking device, through intentionally deceptive means, to track the location of any person without consent.
Defines "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.
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Washington
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RCW § 98.90.130
Cyberstalking
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Prohibits 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.
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Wisconsin
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Wisc. Stat. § 940.315
Global positioning devices
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(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Places 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.
(b) Intentionally obtains information regarding another person’s movement or location generated by a global positioning device or a device equipped with global positioning technology that has been placed without that person’s consent.
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Wyoming
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Wyo. Stat. § 6-2-506
Stalking; penalty.
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Provides that a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:….
(iv) Using 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.
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District of Columbia
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DC Code § 22-3132
Stalking
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It is unlawful for a person to purposefully engage in a course of conduct directed at a specific individual: ….
- To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:
- Follow, monitor, place under surveillance, threaten, or communicate to or about another individual; ….
(1) “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass.
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