Arkansas
Arkansas GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Arkansas used to be one of the easiest states in the country to secretly track someone's car. Not because lawmakers approved of it, but because no statute said you couldn't. That changed in April 2025, and anyone who still thinks Arkansas is a free-for-all for GPS trackers is taking a serious legal risk.
Is It Legal to Put a GPS Tracker on a Car in Arkansas?
No, not if you are using it to follow another person without their consent. Since 2025, Arkansas law makes it harassment to use a tracking device "to determine the location or movement of a person without the consent of the person" when you act with the purpose of tracking that person and without good cause or legal authority. That language sits in A.C.A. 5-71-208(a)(2), the state harassment statute.
Notice what the law targets: tracking a person, not a piece of metal. The title on the vehicle is not a free pass. If your estranged spouse drives a car registered in your name and you hide a tracker on it to monitor where they go, you can still be prosecuted, because the person being tracked never consented.
The honest summary for 2026 looks like this. Tracking your own car for your own purposes is legal. Tracking your minor child is legal. Tracking another adult without their knowledge is a crime, and if it happens repeatedly or puts the person in fear, it can escalate from a misdemeanor into a felony stalking charge.
Arkansas Closed Its GPS Tracker Loophole in 2025
For years, Arkansas was what privacy lawyers call a gap state. More than half the states had laws aimed at electronic tracking devices, but Arkansas was not one of them. Prosecutors who wanted to charge someone for planting a tracker had to stretch the stalking or harassment statutes, which were written for following and threatening, not for silent surveillance by satellite.
The gap was no secret. A University of Arkansas law review article laid out a detailed proposal for GPS stalking legislation, noting that an Arkansan could attach a tracker to an ex-partner's car and commit no clearly defined crime. Oddly enough, the state had already written rules for GPS on its own fleet under A.C.A. 22-8-105. Arkansas regulated tracking of government trucks before it regulated tracking of people.
The legislature finally acted in the 2025 session. Act 600 of 2025 (House Bill 1641), signed on April 14, 2025, did two things. First, it defined a "tracking device" in A.C.A. 5-71-101 as "a device that reveals the location or movement of the device by the transmission of electronic signals." Second, it added nonconsensual tracking to the harassment statute as a stand-alone offense, with a built-in exception for parents and legal guardians tracking a minor.
That definition is deliberately broad. It covers hardwired GPS units, battery-powered magnetic trackers, AirTags, Tiles, and location-sharing devices slipped into a bag or console.
When Tracking Becomes Stalking (A.C.A. 5-71-229)
Harassment is the floor, not the ceiling. Arkansas's stalking statute, A.C.A. 5-71-229, punishes a "course of conduct" in which someone "directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places under surveillance, threatens, or communicates to or about a person." A hidden GPS tracker is a textbook way to monitor someone by a device, and a course of conduct means two or more acts at least 36 hours apart within one year.
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The statute has three tiers. Stalking in the first degree, a Class B felony, applies when the stalking happens under aggravating circumstances such as violating an order of protection, having a prior stalking conviction, or being armed with a deadly weapon. Stalking in the second degree, a Class C felony, involves a harassing course of conduct combined with a terroristic threat that puts the victim in imminent fear of death, serious bodily injury, or, since Act 832 of 2025, unwanted sexual acts against themselves or a family or household member. Stalking in the third degree, a Class A misdemeanor, covers knowingly committing an act that would place a reasonable person in emotional distress and in fear for their safety.
In practice, a tracker is rarely the whole story. It is how the stalker keeps showing up at the gym, the grocery store, and the new apartment. Location data pulled from the device often becomes the evidence that proves the course of conduct.
There is a federal layer too. Under 18 U.S.C. 2261A, using an electronic device to surveil someone across state lines, or through interstate commerce systems like cellular networks, can support a federal stalking charge. Federal prosecutors have used this statute in GPS tracking cases, which matters in any state where local law is new or untested.
Who Can Legally Track a Vehicle in Arkansas
The new law leaves room for plenty of legitimate tracking. You are on solid ground in these situations:
- Your own vehicle, driven by you. Anti-theft trackers, insurance telematics, and find-my-car features are legal.
- Your minor child. A.C.A. 5-71-208 contains an express exception for a parent or legal guardian tracking the location or movement of a minor.
- Law enforcement with a warrant. In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a vehicle to monitor its movements is a Fourth Amendment search, so police generally need a warrant.
- Certain professionals on duty. The stalking statute, A.C.A. 5-71-229, provides an affirmative defense for law enforcement officers, licensed private investigators, attorneys, process servers, licensed bail bondsmen, and store detectives conducting surveillance on an official work assignment. The harassment statute that contains the new tracking offense carries the same affirmative defense in A.C.A. 5-71-208(c), and the offense itself applies only to a person acting "without good cause or legal authority."
- Business fleets. Employers may track vehicles the company owns, as explained below.
- State agencies. A.C.A. 22-8-105 expressly authorizes GPS on certain state-owned vehicles.
Consent is the cleanest safe harbor of all. If the person being tracked knows about the device and agrees to it, such as family members sharing locations on their phones, there is no offense.
Can My Employer Track My Car in Arkansas?
It depends on whose car it is. Arkansas has no statute limiting employer GPS tracking of company-owned vehicles, so an employer can lawfully put trackers on its own fleet, even without asking. Most employers disclose it anyway in a vehicle policy, which is smart practice.
Your personal car is different. After Act 600, an employer who hides a tracker on an employee's personal vehicle without consent runs straight into the harassment statute. An employer that wants to track personal vehicles used for work should get clear written consent first, and an employee asked to sign such a policy can reasonably ask that tracking be limited to working hours.
Worried about being recorded on the job as well as followed? Arkansas is a one-party consent state for audio. See our guide to Arkansas recording laws for how conversations, calls, and workplace recordings are treated.
AirTags and Item Trackers in Arkansas
Apple AirTags, Samsung SmartTags, and Tile trackers all fit Arkansas's definition of a tracking device, since each reveals its location through the transmission of electronic signals. Dropping an AirTag into someone's purse or magnet-mounting one in a wheel well is treated the same as planting a traditional GPS unit: harassment under A.C.A. 5-71-208(a)(2) if done to track a person without consent.
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Using an AirTag for its intended purpose is perfectly legal. Track your keys, your luggage, your dog, or your own car. The line is crossed when the thing being tracked is, in reality, a person who never agreed to it.
If your iPhone or Android phone alerts you that an unknown tracker is traveling with you, take it seriously. Both operating systems can help you locate the device and identify its serial number, which police can use to trace the owner.
Penalties for Illegal GPS Tracking in Arkansas
| Offense | Classification | Penalty |
|---|---|---|
| Tracking-device harassment, A.C.A. 5-71-208(a)(2) | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,500 |
| Stalking in the third degree, A.C.A. 5-71-229(c) | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,500 |
| Stalking in the second degree, A.C.A. 5-71-229(b) | Class C felony | 3 to 10 years in prison and a fine up to $10,000 |
| Stalking in the first degree, A.C.A. 5-71-229(a) | Class B felony | 5 to 20 years in prison and a fine up to $15,000 |
| Interstate stalking with an electronic device, 18 U.S.C. 2261A | Federal felony | Up to 5 years in federal prison, more if the victim is injured |
A conviction can also carry collateral consequences: a no-contact order entered at pretrial release, loss of firearm rights for felonies, and a record that follows you into custody and divorce proceedings.
Civil Lawsuits and Orders of Protection
Arkansas has no statute that creates a specific right to sue over GPS tracking. Victims are not without civil options, though. Arkansas courts recognize the privacy tort of intrusion upon seclusion, which covers intentional intrusions into someone's private affairs that would be highly offensive to a reasonable person. Weeks of secret location surveillance is a strong fit, and a successful claim can recover damages for emotional distress.
If the person tracking you is a current or former spouse, partner, or household member, you can petition for an order of protection under the Domestic Abuse Act. Courts can order the person to stay away from you, your home, and your workplace, and a violation converts future stalking into a first-degree felony charge. Our guide to Arkansas restraining order laws walks through the filing process step by step.
What to Do If You Find a Tracker on Your Car
Stay calm and think about evidence and safety before you act.
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- Photograph the device where you found it. Wheel wells, bumpers, under seats, and the OBD-II port under the dash are the most common spots.
- Do not destroy it. The device, its serial number, and its purchase trail are evidence.
- Call the police. Report it under the harassment and stalking statutes and ask for a report number.
- Talk to an advocate before removing it if you suspect a violent ex. Suddenly going dark can escalate an abuser. A domestic violence advocate can help you time the removal around a safety plan.
- Document a timeline. Note unexplained appearances by the suspected tracker at places you visited.
- Consider an order of protection and a consultation with a civil attorney about an invasion of privacy claim.
If you are also worried about cameras pointed at your home or parking spot, see our state-by-state guide to surveillance camera laws for what is and is not legal.
Arkansas GPS Tracking Laws FAQ
Want to see how other states handle this? Compare every state in our GPS Tracking Laws by State hub.
Sources
- Act 600 of 2025 (HB1641), Arkansas General Assembly - Adds tracking-device harassment to A.C.A. 5-71-208 and defines "tracking device"
- Act 832 of 2025 (HB1778), Arkansas General Assembly - Amends the stalking statute, A.C.A. 5-71-229, including the course of conduct definition
- Act 1085 of 2021 (HB1668), Arkansas General Assembly - Raises stalking penalties to Class B and Class C felonies
- United States v. Jones, 565 U.S. 400 (2012), Legal Information Institute - GPS installation on a vehicle is a Fourth Amendment search
- 18 U.S.C. 2261A, Stalking, Legal Information Institute - Federal interstate stalking statute covering electronic monitoring
- All Stalk and No Action: A Proposal for Arkansas GPS Stalking Legislation, Arkansas Law Notes, University of Arkansas - Law review article documenting the pre-2025 statutory gap
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change, and how they apply depends on your specific situation. If you are dealing with tracking, stalking, or harassment, consult a licensed Arkansas attorney or contact local law enforcement. If you are in immediate danger, call 911.
Sources and References
- Act 600 of 2025 (HB1641), Arkansas General Assembly(arkleg.state.ar.us)
- Act 832 of 2025 (HB1778), Arkansas General Assembly(arkleg.state.ar.us)
- Act 1085 of 2021 (HB1668), Arkansas General Assembly(arkleg.state.ar.us)
- United States v. Jones, 565 U.S. 400 (2012)(law.cornell.edu)
- 18 U.S.C. 2261A - Stalking(law.cornell.edu)
- All Stalk and No Action: A Proposal for Arkansas GPS Stalking Legislation, Arkansas Law Notes(scholarworks.uark.edu)