Ohio’s New Anti-Tracking Law: Digital Stalking Protections for DV Victims
Technology-facilitated abuse is a growing problem in domestic violence cases across Ohio and the nation. Abusers use GPS trackers hidden in vehicles, Apple AirTags planted in purses or bags, smartphone apps like Life360 installed without knowledge, and spyware on phones and computers to monitor, stalk, and control their victims. In response, Ohio enacted Senate Bill 100, which took effect in March 2025, making it a criminal offense to install a tracking device or application on someone’s property without their consent.
At Klie Law Offices, we help domestic violence victims in Canton, Ohio and throughout West Virginia protect themselves through protective orders and legal action. This guide explains what Ohio’s new anti-tracking law covers and how it can help you.
What the Law Prohibits
Ohio Revised Code Section 2903.212 makes it illegal to knowingly install, place, or use an electronic tracking device on another person’s property without that person’s consent. The law defines “electronic tracking device” broadly to include any device that permits the remote monitoring of a person’s location, movement, or travel patterns. This covers commercial GPS trackers (both standalone units and those hidden in vehicles), consumer products like Apple AirTags, Samsung SmartTags, and Tile trackers, smartphone tracking applications installed without the user’s knowledge or ongoing consent, vehicle tracking systems that can be remotely monitored, and spyware or monitoring software on phones, tablets, or computers.
The law requires affirmative consent. Simply having access to someone’s phone or vehicle does not create implied consent to install tracking technology. Even if a couple previously shared tracking information voluntarily, withdrawing that consent requires the other party to stop monitoring.
Criminal Penalties
Standard Offense
A first offense under the anti-tracking law is a first-degree misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. This applies when someone installs or uses a tracking device without consent and there are no aggravating circumstances.
Enhanced Penalties
The penalties escalate significantly under certain circumstances. If the offender has a prior conviction for the same offense, the charge is elevated. If the victim has a civil protection order, stalking protection order, or any court order prohibiting contact with the offender, the offense becomes a fourth-degree felony, punishable by 6 to 18 months in prison and up to a $5,000 fine. This enhancement is particularly important for domestic violence victims who have already obtained protective orders but whose abusers continue to use technology to track them.
How This Applies to Domestic Violence Cases
During the Relationship
Many victims of domestic violence do not realize they are being tracked until after they leave. Abusers commonly install tracking apps during the relationship, often under the guise of “family safety” or “checking in,” and continue monitoring after separation. Under SB 100, if you did not knowingly and voluntarily consent to the tracking, or if you have withdrawn your consent, the continued use of tracking technology is illegal.
After Separation
The period immediately after separation is the most dangerous time for domestic violence victims. Technology-facilitated stalking often intensifies during this period as the abuser tries to maintain control. If you have left an abusive relationship and suspect you are being tracked, the law provides criminal penalties and supports civil protective order enforcement.
In Custody Disputes
Tracking technology sometimes surfaces in custody cases, with one parent tracking the other’s movements to gather evidence about parenting behavior, new relationships, or daily routines. Unless both parties have consented, this tracking violates SB 100 regardless of the motivation. Evidence obtained through illegal tracking may be challenged in court, and the tracking itself can be cited in protective order proceedings.
How to Detect Hidden Tracking Devices
On Your Phone
Check your phone for unfamiliar apps, particularly those with location permissions. On an iPhone, go to Settings and then Privacy and Location Services to see which apps can access your location. On Android, go to Settings, then Location, then App Permissions. Look for apps you do not recognize or did not install. Check for high battery drain or unusual data usage, which can indicate hidden tracking software. If you suspect spyware, consider having your phone professionally inspected or perform a factory reset.
On Your Vehicle
Physical GPS trackers are often placed in hidden locations on vehicles, including underneath the vehicle attached magnetically to the frame, inside the wheel wells, behind the dashboard, in the trunk or under the spare tire, and connected to the OBD-II diagnostic port under the dash. If you suspect a tracker, have a mechanic or electronics professional inspect your vehicle.
AirTags and Bluetooth Trackers
Apple AirTags and similar Bluetooth trackers have built-in anti-stalking features. iPhones will alert you if an unknown AirTag is traveling with you for an extended period. Android users can download Apple’s “Tracker Detect” app to scan for nearby AirTags. If you find an unknown AirTag, do not destroy it — it is evidence. Remove the battery to disable it, photograph it and its location, and contact law enforcement.
What to Do If You Discover You Are Being Tracked
If you discover a tracking device or monitoring software, your immediate steps depend on your safety situation. If you are in a domestic violence situation and believe discovering the tracker could escalate the danger, contact the Domestic Violence Project crisis hotline at 330-453-7233 (SAFE) or the National Domestic Violence Hotline at 1-800-799-7233 before taking any action.
When it is safe to do so, document the tracking device with photographs and screenshots. Do not remove it until you have documented it thoroughly. Report the discovery to local law enforcement and reference Ohio’s anti-tracking statute (R.C. 2903.212). Contact an attorney to discuss incorporating the tracking evidence into any pending or future protective order or custody case. If you have a civil protection order, the tracking may constitute a violation that escalates the offense to a felony.
Incorporating Anti-Tracking Evidence into Your Legal Case
Evidence of illegal electronic tracking can strengthen several types of legal proceedings. In civil protection order hearings, tracking evidence demonstrates ongoing harassment, surveillance, and control. In custody proceedings, it shows the tracking parent’s willingness to violate the law and the other parent’s boundaries. In divorce proceedings, it can affect property division and support determinations if the court considers the tracking parent’s behavior. And in criminal proceedings, it provides evidence for criminal charges under R.C. 2903.212.
How This Compares to West Virginia Law
West Virginia does not currently have a standalone anti-tracking statute comparable to Ohio’s SB 100. However, electronic tracking and monitoring can be addressed under West Virginia’s stalking and harassment laws, domestic violence protective order provisions, and general criminal law. If you are being tracked in West Virginia, the behavior may still be prosecutable under existing statutes depending on the circumstances.
Klie Law Offices practices in both Ohio and West Virginia and can help you determine which state’s laws provide the strongest protections for your situation, particularly in cases involving interstate custody disputes.
Frequently Asked Questions
Is it illegal to track my spouse using a shared family plan?
If both parties voluntarily agreed to share location information through a family plan or shared app, that constitutes consent. However, if one party withdraws consent and asks the other to stop tracking, continued monitoring after withdrawal of consent violates the law.
Can I track my minor child?
Parents generally have the legal right to monitor their minor children’s locations for safety purposes. SB 100 is not intended to criminalize parental monitoring of children. However, using a tracking device on a child primarily to monitor the other parent’s movements during their custodial time raises legal and ethical issues.
What about dashcams or home security cameras?
SB 100 specifically addresses tracking devices and applications that monitor location and movement. Stationary cameras at your own property are generally not covered. However, using a dashcam to track another person’s vehicle remotely could potentially fall under the law depending on the circumstances.
Can evidence of tracking help me get a protection order?
Yes. Evidence that someone is tracking your movements without consent is strong evidence of stalking behavior and can support a petition for a civil protection order.
Contact Klie Law Offices
If you are being tracked, stalked, or monitored through electronic devices, the attorneys at Klie Law Offices can help you take legal action to protect yourself and your children. We serve clients in Canton and Stark County, Ohio, as well as Buckhannon, Clarksburg, Morgantown, and Parkersburg, West Virginia.
Contact us for a free case evaluation. If you are in immediate danger, call 911.
