North Dakota GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)

Whether you can legally put a GPS tracker on a car in North Dakota comes down to two questions: whose car is it, and why are you tracking it.

Track your own vehicle and you are almost always fine. Slip a tracker onto someone else's car without permission and you may have just committed stalking, even if you only did it once.

This guide walks through North Dakota's GPS tracking rules, who is allowed to track a vehicle, the penalties, and what to do if you find a device on your own car. For the rest of the country, see GPS Tracking Laws by State.

Is It Legal to Put a GPS Tracker on a Car in North Dakota?

It is legal to put a GPS tracker on a car in North Dakota only if you own the vehicle, you have the owner's consent, or you fall under a recognized exception such as licensed private investigation work. Tracking another person's movements without authorization can be charged as stalking under N.D.C.C. 12.1-17-07.1.

North Dakota does not have a standalone electronic tracking device statute the way some states do. Instead, lawmakers wrote GPS tracking directly into the criminal stalking law. That choice matters, because it means illegal tracking here is treated as a crime against a person, not a minor technical violation.

The practical rule of thumb:

• Your own car: legal to track.
• A car you co-own, like a shared family vehicle: usually legal, though using the location data to frighten or harass someone can still cross the line.
• Someone else's car without consent: a potential Class A misdemeanor, or worse.

ND's Stalking Law: One Act of GPS Tracking Is Enough (12.1-17-07.1)

Most stalking laws require a "course of conduct," meaning a pattern of repeated behavior. North Dakota's GPS provision is different.

Under N.D.C.C. 12.1-17-07.1, the definition of "stalk" includes "the unauthorized tracking of the person's movements or location through the use of a global positioning system, robot, or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed and which serves no legitimate purpose."

Notice what is missing from that language. There is no repetition requirement in this prong of the definition. Planting a tracker one time, on one day, can satisfy the statute.

To convict, prosecutors must prove three things:

1. The tracking was unauthorized. The person tracked never consented, and no statutory defense applies.
2. It would cause a reasonable person to feel frightened, intimidated, or harassed.
3. It served no legitimate purpose.

That third element is where most lawful tracking lives. A parent monitoring a minor child, a company keeping tabs on its own delivery van, or an owner watching their own car all have a legitimate purpose. A suspicious ex secretly logging a former partner's movements does not.

Who Can Legally Track a Vehicle in North Dakota

Vehicle owners. Tracking your own property is not "unauthorized," so installing a tracker on a car titled in your name falls outside the stalking definition.

Anyone with consent. If the owner or driver agrees to the tracking, the statute does not apply. Get that consent in writing if there is any chance of a dispute later.

Parents of minor children. Monitoring a minor child's location is a textbook legitimate purpose, whether through a tracker on the teen's car or a location app on their phone.

Licensed private investigators. North Dakota wrote an explicit defense into the statute. Under N.D.C.C. 12.1-17-07.1(4), a private investigator licensed under chapter 43-30 who is acting within the scope of that employment has a defense to a stalking charge. The protection covers licensed professionals doing legitimate work; hiring a PI as a workaround to harass someone does not launder an illegal purpose.

Peace officers. Licensed peace officers acting within the scope of their official duties are also covered by the statutory defense. The Fourth Amendment still applies, though. In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a suspect's vehicle is a search, so police generally need a warrant first.

Can My Employer Track My Car in North Dakota?

North Dakota has no statute that specifically governs employer GPS tracking. That leaves the general stalking rules as the main legal boundary.

Company-owned vehicles are the easy case. The employer owns the vehicle, and monitoring its own property for business reasons is a legitimate purpose. Tracking a fleet truck is lawful even without the driver's enthusiasm about it.

Personal vehicles are different. An employer who hides a tracker on an employee's personal car without consent is in dangerous territory under 12.1-17-07.1, because the tracking is unauthorized and the business justification is far weaker. Careful employers get written consent before any tracking touches a personal vehicle, usually through a signed telematics or mileage policy.

If you drive your own car for work, read what you signed and check whether any company mileage app shares your location. For related workplace monitoring rules, see our guide to surveillance camera laws.

AirTags, Drones, and "Robots"

Between 2021 and 2023, North Dakota lawmakers updated the stalking definition to add the word "robot," a term that reaches remotely piloted aircraft and devices guided by artificial intelligence.

The statute now covers tracking by "a global positioning system, robot, or other electronic means." That catch-all language matters for modern devices:

• Apple AirTags and Bluetooth trackers. An AirTag is not technically a GPS unit, but it is plainly an "other electronic means" of tracking location. Dropping one in someone's bag or magnet-mounting it inside a bumper without consent fits the statute.
• Drones. Following a person with a drone to monitor their movements falls under the "robot" language.
• Phone apps. Secretly installing a location-sharing app on someone else's phone raises the same unauthorized tracking problem.

If your situation also involves recorded calls or hidden microphones, see North Dakota's recording laws, which cover audio surveillance separately.

Penalties for Illegal GPS Tracking in North Dakota

A first offense Class A misdemeanor is North Dakota's most serious misdemeanor level. The felony bump applies when the offender has a prior conviction for stalking, assault, or harassment involving the same victim, or when the tracking violates a court order the offender knew about.

Federal charges under 18 U.S.C. 2261A come into play when a stalker travels across state lines or uses electronic systems of interstate commerce, which cellular trackers typically are, with intent to harass or intimidate.

Civil Options and Restraining Orders

North Dakota's stalking statute does not create a private right of action, meaning the criminal law itself does not let you sue for money damages. Victims still have civil tools:

• Disorderly conduct restraining order (DCRO). Chapter 12.1-31.2 of the Century Code lets a person petition the district court for a restraining order against someone whose intrusive conduct adversely affects their safety, security, or privacy. Secret GPS tracking is exactly the kind of conduct these orders address. Our North Dakota restraining order guide walks through the filing process.
• Domestic violence protection order. If the tracker was planted by a current or former partner or a family member, a protection order may be available, and violating it turns future tracking into a felony.
• Privacy lawsuits. Some states let victims sue for "intrusion upon seclusion." North Dakota courts have not clearly adopted that claim, so a damages lawsuit is uncertain here. Talk to a North Dakota attorney before counting on civil recovery.

What to Do If You Find a Tracker on Your Car

1. Photograph everything first. Capture the device exactly where you found it, with wide shots and close-ups, before touching anything.
2. Do not destroy it. The tracker is evidence, and its serial number or SIM card can identify who planted it.
3. Call local police or the sheriff's office. Report it as suspected stalking under 12.1-17-07.1 and ask for a case number.
4. Check your phone for tracker alerts. iPhones flag unknown AirTags automatically, and Apple and Google both offer detection tools for Android.
5. Consider a restraining order. A DCRO under chapter 12.1-31.2 can legally bar the person from any further contact or monitoring.
6. Plan for your safety before confronting anyone. Removing a tracker can alert whoever planted it. If you suspect a current or former partner, contact a domestic violence advocate first.

Sources

• N.D.C.C. chapter 12.1-17, section 12.1-17-07.1 (Stalking), North Dakota Legislative Branch
• N.D.C.C. chapter 12.1-31.2 (Disorderly Conduct Restraining Orders), North Dakota Legislative Branch
• N.D.C.C. chapter 12.1-32 (Penalties and Sentencing), North Dakota Legislative Branch
• N.D.C.C. chapter 43-30 (Private Investigative and Security Services), North Dakota Legislative Branch
• 18 U.S.C. 2261A (Stalking), Legal Information Institute, Cornell Law School
• United States v. Jones, 565 U.S. 400 (2012), Supreme Court of the United States

Disclaimer: This article is general legal information, not legal advice. Statutes change and every situation is different. If you are facing a tracking or stalking issue in North Dakota, talk to a licensed North Dakota attorney, and call 911 if you are in immediate danger.