Small, affordable tracking devices like Apple AirTags have made covert surveillance easier than ever, and Pennsylvania law already treats this kind of tracking as a serious crime in many circumstances. Yes, it is illegal to stalk someone using a GPS tracker in Pennsylvania. While the Commonwealth does not yet have a dedicated statute specifically naming GPS trackers or devices like AirTags, secretly tracking another person’s location without their consent can already be prosecuted under Pennsylvania’s existing stalking law when the conduct meets that law’s requirements.
The Statute: 18 Pa.C.S. § 2709.1, Stalking
Pennsylvania’s stalking law is codified at Title 18, Section 2709.1. Under this statute, a person commits stalking if they engage in a course of conduct, or repeatedly commit acts toward another person, including following that person without proper authority, under circumstances demonstrating either an intent to place the person in reasonable fear of bodily injury or an intent to cause substantial emotional distress. The statute also separately covers repeated communications made under similar circumstances. Notably, “course of conduct” is defined broadly as a pattern of more than one act over any period of time, however short, showing continuity of behavior.
How GPS Tracking Fits Within This Law
Placing a GPS tracker on someone’s vehicle or belongings without their knowledge or consent, particularly when done repeatedly or as part of an ongoing pattern of monitoring, can satisfy the “course of conduct” element required for a stalking conviction. Prosecutors have successfully brought stalking charges in Pennsylvania cases involving GPS trackers, particularly in domestic relationship contexts where one partner secretly tracked another’s movements. In one notable case, a man who already had an active Protection from Abuse order against him was charged with felony stalking after placing a GPS tracker inside his former partner’s vehicle to monitor her movements without her knowledge.
Enhanced Penalties in Domestic Violence Cases
Stalking charges become significantly more serious when they intersect with existing domestic violence protections. Under Section 2709.1, a second or subsequent stalking offense, or a first offense where the defendant has a prior conviction for a crime of violence involving the same victim or a violation of an existing protective order, is elevated to a third-degree felony. This means someone who uses a GPS tracker to monitor a former partner while already subject to a Protection from Abuse order can face substantially harsher felony-level consequences than a first-time offender with no such history.
Situations Where Tracking May Not Qualify as Stalking
Not every instance of GPS tracking automatically constitutes stalking under Pennsylvania law. Certain circumstances generally fall outside the statute’s intended scope, such as a vehicle owner tracking their own car, including situations where a person is still making loan payments on a vehicle being used by someone else, or a parent using a tracking device to monitor a minor child’s location. The key distinguishing factor remains whether the tracking was done without proper authority and with the intent to instill fear or cause substantial emotional distress in another person.
Pending Legislation Specifically Targeting Tracking Devices
Recognizing that current stalking law can be somewhat vague when applied to modern tracking technology, Pennsylvania lawmakers have been actively working to pass legislation creating a distinct, standalone offense for unauthorized use of electronic tracking devices. Proposed legislation in both the House and Senate would specifically criminalize installing or using a tracking device, such as an AirTag, to monitor another person without their consent, generally proposing a second-degree misdemeanor for a first offense and a first-degree misdemeanor for subsequent violations, with exceptions carved out for law enforcement and parents monitoring minor children. As of mid-2026, this legislation remains under consideration in the General Assembly rather than signed into law, meaning GPS tracking cases currently continue to be prosecuted under the existing stalking statute.
Bottom Line
Even without a dedicated tracking device law currently in effect, using a GPS tracker to secretly monitor someone’s movements without their consent can already expose a person to serious criminal liability under Pennsylvania’s stalking statute, particularly in situations involving intimate partners or existing protective orders. Anyone facing allegations related to GPS tracking, or concerned they may be a victim of this kind of surveillance, should consult a licensed Pennsylvania attorney.
