Arkansas
Arkansas GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Independently fact-checked against primary sources (last audited June 17, 2026). · Law checked current as of August 9, 2026. How we verify our legal content
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.
The statute has three tiers. Stalking in the first degree, a Class B felony, applies when the course of conduct is carried out in contravention of an order of protection or a no-contact order protecting the same victim, or when the actor has been convicted within the previous ten years of second-degree stalking, terroristic threatening, a terroristic act, or an out-of-state stalking or threats offense, or is armed with a deadly weapon or represents that he or she is. 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.
- 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.
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. If the person then engages in a stalking course of conduct in contravention of that order, the offense is stalking in the first degree, a Class B felony. 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.
- 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.
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.
More Arkansas Laws
- Arkansas Dashcam Laws
- Arkansas Data Privacy Laws
- Arkansas Drone Laws
- Arkansas Employee Monitoring Laws
- Arkansas Recording Laws
- Arkansas Restraining Order Laws
Frequently Asked Questions
Can I put a GPS tracker on my spouse's car in Arkansas?
Not without their consent. Since Act 600 of 2025, using a tracking device to follow a person without consent is harassment under A.C.A. 5-71-208, a Class A misdemeanor. Joint title to the vehicle does not change the analysis, because the statute protects the person being tracked, not the car. Suspected infidelity is not the kind of good cause the statute recognizes, and secretly gathered tracking data can backfire badly in divorce court.
Can I use GPS to track my teenager's car?
Yes. Arkansas law contains an express exception allowing a parent or legal guardian to use a tracking device to track the location or movement of their minor child. Once your child turns 18, the exception ends and the ordinary consent rules apply.
Are AirTags illegal in Arkansas?
AirTags are legal to own and use on your own belongings. They become illegal when used to track a person without consent, because an AirTag meets Arkansas's definition of a tracking device under A.C.A. 5-71-101. Planting one in someone's car or bag can be charged as harassment, and repeated tracking that causes fear can be charged as stalking.
What changed in Arkansas GPS tracking law in 2025?
Two laws passed in the 2025 session. Act 600 added nonconsensual use of a tracking device to the harassment statute and defined tracking device in the criminal code, closing a long-documented loophole. Act 832 separately strengthened the stalking statute by adding fear of unwanted sexual acts and clarifying that the course of conduct includes electronic monitoring and messages.
Can police put a GPS tracker on my car without a warrant in Arkansas?
In United States v. Jones, the U.S. Supreme Court held that installing a GPS device on a vehicle and using it to monitor movements is a search under the Fourth Amendment, so warrantless tracking can be challenged under the Fourth Amendment. The Court did not decide whether a warrantless GPS search could still be reasonable, because the government had not raised that argument in the lower court. In Jones itself, the Court affirmed the reversal of a conviction that rested on evidence from a warrantless GPS device.
Can a private investigator legally put a tracker on a car in Arkansas?
Sometimes, but it is narrower than many people assume. Arkansas's harassment and stalking statutes both give licensed private investigators an affirmative defense when conducting surveillance on an official work assignment, and the tracking-device offense also requires acting without good cause or legal authority. A PI hired to do an end run around the law for a jealous spouse is on much shakier ground than one working a legitimate insurance or custody investigation.
What should I do if I find a GPS tracker on my car in Arkansas?
Photograph it in place, leave it intact as evidence, and report it to police under the harassment and stalking statutes. If you suspect an abusive partner or ex, contact a domestic violence advocate before removing it so you can plan for your safety, and consider petitioning for an order of protection.
Updates
Corrected the description of United States v. Jones to the holding the Supreme Court actually reached: GPS tracking of a vehicle is a Fourth Amendment search, with the warrant question left undecided.
Clarified how Arkansas stalking charges escalate to the first degree, including the ten-year prior-conviction window and the fact that the stalking itself must occur in contravention of a protective order.
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arkansas Code of 1987 Annotated
§ 5-71-208Harassment.In forcecited in 5 of our articles
(a) A person commits the offense of harassment if : (1) With purpose to harass, annoy, or alarm another person, without good cause, he or she: (A) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so; (B)
Official text (excerpt) · last checked 2026-08-26 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Arkansas courts have construed section 5-71-208 in both directions. Rose v. State (2018) affirmed a harassment conviction for offensive touching, inferring purpose to harass from the circumstances, and Hunt v. State (2005) reversed an adjudication because obscene remarks were not shown likely to provoke a violent or disorderly response.
Opinions citing this section in our collection:
- Bates v. Bates (Supreme Court of Arkansas 1990, 303 Ark. 89)“…ault, Ark.Code Ann. §§ 5-13-204 to -207 (1987); harassment, Ark.Code Ann. § 5-71-208 (1987); harassing communications, Ark.C…”
- Potter v. State (Supreme Court of Arkansas 2000, 342 Ark. 621)✓A woman reported that a man had followed her for weeks and was parked near her in a park; the court treated reasonable suspicion of stalking or of harassment carrying danger of forcible injury as enough to justify the stop and frisk, but did not construe the harassment section.
- Rose v. State (Court of Appeals of Arkansas 2018, 558 S.W.3d 415)✓A man grabbed a woman's breast in a convenience store and pulled out a realistic BB gun when she objected; the court affirmed his harassment conviction under section 5-71-208(a)(1) and (4), holding the jury could infer his purpose to harass or alarm from the circumstances.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Recording Laws (2026): One-Party Consent Rules, Arkansas Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Arkansas Laws on Recording Police: Your Rights and Limits (2026)
§ 5-71-229Stalking.In force
(a)(1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the actor: (A) Does so in contravention
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lowry v. State (Court of Appeals of Arkansas 2005, 90 Ark. App. 333)“…pon or represents by word or conduct that he is so armed. Ark.Code Ann. § 5-71-229 (Repl.1997). Lowry asserts that the S…”
- Clinton Greenwood v. Kathryn Greenwood (Court of Appeals of Arkansas 2026, 2026 Ark. App. 306)“…208; Harassing Communications A.C.A. § 5-71-209; Stalking A.C.A. § 5-71-229; or Terroristic Threatening A.C.A. § 5-…”
- Kirkendoll v. State (Court of Appeals of Arkansas 1997, 57 Ark. App. 321)“…erson in imminent fear of death or serious bodily injury.” Ark. Code Ann. § 5-71-229 (b)(l) (Supp. 1995). “Course of conduct…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5-71-101Definitions.In force
As used in this chapter: (1) “Alcoholic beverage” means: (A) Beer, ale, porter, stout, sake, or other similar fermented beverage of any name or description containing five-tenths percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any malt substitu
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Opinion No. (Arkansas Attorney General Reports 2004)“…h the public or substantial numbers of people have access." A.C.A. § 5-71-101 (6). This definition will therefore det…”
- Weaver v. State (Supreme Court of Arkansas 1996, 326 Ark. 82)“…the public or substantial numbers of people have access.” Ark. Code Ann. § 5-71-101 (6) (Repl. 1993) (Emphasis added.) In s…”
- Jerry Linton v. State of Arkansas (Court of Appeals of Arkansas 2025, 2025 Ark. App. 497)“…e public or a substantial number of people have access[.]” Ark. Code Ann. § 5-71-101(10) (Repl. 2024). Officer Hendr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 22-8-105Global positioning devices on certain state-owned vehicles — Definitions.In force
(a) As used in this section: (1) “ Global positioning device” means a device that can access a global navigation satellite system or that uses radio frequency information technology and provides reliable location and time information and is capable of recording the travel and location of a vehic
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at arkleg.state.ar.us
United States Code Title 18
§ 2261AStalkingIn forcecited in 56 of our articles
Whoever— travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that— places that person in reasonable fear of the death of, or serious bodily injury to— that person; an immediate family member (as defined in section 115) of that person; a spouse or intimate partner of that person; or the pet, service animal, emotional support animal, or horse of that person; or causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 350 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Federal appeals courts have construed and upheld Section 2261A. United States v. Walker (2011) read in the course of, or as a result of such travel disjunctively, so pre-travel threats plus resulting fear sufficed. United States v. Amy Gonzalez (2018) held it neither overbroad nor vague and no First Amendment violation as applied.
Opinions citing this section in our collection:
- United States v. Walker (Court of Appeals for the First Circuit 2011, 665 F.3d 212)✓After emailing threats to his estranged wife, the defendant flew from Michigan to Puerto Rico and was arrested on arrival. The court read the disjunctive phrase in 2261A(1) to cover travel that itself places the target in reasonable fear, and upheld the stalking conviction.
- United States v. Amy Gonzalez (Court of Appeals for the Third Circuit 2018, 905 F.3d 165)✓Relatives waged a years-long campaign against a mother that ended in a courthouse shooting. The court held 2261A is neither overbroad nor vague because it reaches harassing conduct, and that the mental states it lists are alternative means, not elements; convictions affirmed.
- United States v. Wills (Court of Appeals for the Fourth Circuit 2003, 346 F.3d 476)✓A burglary suspect pursued the witness who identified him at a preliminary hearing; the witness later died. The court held the evidence met each element of 2261A: travel from D.C. to Virginia, intent to harm or harass, and reasonable fear of death; conviction affirmed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Sexting Laws: Legal Consequences and Penalties, GPS Tracking Laws by State: Is It Legal to Put a Tracker on a Car? (2026), Alabama GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
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)