Utah
Utah GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Utah rewrote its tracking device law twice in two years, and the 2026 version is one of the broadest in the country. What used to be a narrow rule about hiding a GPS unit on someone else's car now also covers slipping an AirTag into a backpack and loading a tracking app onto someone's phone.
So is it legal to put a tracker on a car in Utah? Only if the car is yours, or you fit one of a short list of exceptions. Get it wrong and you face a class A misdemeanor plus a civil lawsuit with damages written directly into the statute.
Is It Legal to Put a GPS Tracker on a Car in Utah?
Putting a GPS tracker on a car you own or lease is legal in Utah. The statute targets vehicles "owned or leased by another," so your own vehicle is outside it.
Putting a tracker on someone else's car without the owner's or lessee's permission is a crime. Utah Code 76-12-305 makes it a class A misdemeanor, and it does not matter whether the target is your spouse, your ex, a business rival, or a stranger.
Consent is also revocable. If the owner or lessee agreed to the tracker and later tells you to stop, continuing to track after that point is its own violation.
The federal layer matters too. In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court held that when police attach a GPS device to a car, that is a Fourth Amendment search, which generally means a warrant. And if tracking is part of a pattern of harassment that crosses state lines or uses interstate networks, the federal stalking statute, 18 U.S.C. 2261A, can apply on top of state charges.
Utah's Tracking Law Just Got Much Broader
Two recent changes make most older articles about Utah tracking law unreliable.
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First, the renumbering. Utah's tracking offense lived for years at Utah Code 76-9-408. Effective May 7, 2025, the Legislature moved it to 76-12-305, "Unlawful use of a tracking device or tracking application." If a website, demand letter, or police report still cites 76-9-408, it is pointing at a section that no longer exists under that number.
Second, the expansion. Chapter 442 of the 2026 General Session substantially rewrote the offense effective May 6, 2026. The statute now reaches three kinds of conduct:
- Vehicles. Installing a tracking device on a motor vehicle owned or leased by another person without the owner's or lessee's permission, or continuing to track after consent is revoked.
- People and their belongings. Placing a tracking device on an individual's person or on their tangible personal property without permission. That covers an AirTag dropped into a purse, a tracker sewn into a jacket, or a tile slipped into a child's backpack by a non-custodial adult.
- Tracking apps. Using a tracking application on a device in an individual's possession, such as installing stalkerware on a phone or quietly enabling location sharing without the user's knowledge.
The statute excludes anonymized telematics that vehicle manufacturers and dealers collect as part of normal connected-car operations. Your car maker's diagnostic pings are not what this law is about.
Who Can Legally Track in Utah
Utah Code 76-12-305 lists specific exceptions. If you do not fit one, you need the owner's, lessee's, or individual's permission.
- Vehicle owners. You can track a vehicle you own, including when you lend it to a friend or family member. Lending is not leasing: if you lease the vehicle to someone, the lessee's rights take over.
- Parents and guardians of minors. A parent or legal guardian can track their minor child, but the statute expects the other parent's permission where another parent shares custody rights. The authority continues after the child turns 18 until the adult child revokes it.
- Caregivers of vulnerable adults. A caregiver may track a vulnerable adult in their care.
- Police and courts. Peace officers acting within their duties, and anyone acting under a court order, are exempt. Jones still requires a warrant for most police GPS tracking.
- Rental companies. Motor vehicle rental companies can track their own fleet vehicles.
- Licensed private investigators, with a catch. Utah added one of the most unusual safeguards in the country. A licensed PI may place a tracker on a motor vehicle for a legitimate business purpose only after confirming, through a designated state entity, that the vehicle's owner or lessee and their family members are not protected by any protective order. PIs also carry disclosure duties to the Bureau of Criminal Identification. A PI who skips the check is committing the same misdemeanor as anyone else.
The protective order check exists because of a grim pattern: abusers hiring investigators to locate victims who fled. Utah closed that door by statute.
Can My Employer Track My Car in Utah?
If you drive a company-owned vehicle, your employer can track it. The company is the owner, and the statute lets owners track their own vehicles. Utah has no statute requiring employers to give notice of GPS on company vehicles, though most do in their policies.
Your personal car is a different story. An employer who hides a tracker on an employee's personally owned vehicle without permission commits a class A misdemeanor like anyone else.
The 2026 expansion raised the stakes further. Because the statute now covers a person's tangible personal property and tracking apps on devices in their possession, an employer who slips a tracker into an employee's bag, or pushes location-monitoring software onto an employee's personal phone without consent, is also inside the criminal statute.
Workplace surveillance questions rarely stop at GPS. For cameras and audio on the job, see our guide to Utah recording laws and the rules for surveillance camera laws by state.
AirTags, Personal Property, and Tracking Apps
Before May 2026, Utah's tracking statute only spoke clearly about motor vehicles. Dropping an AirTag into someone's coat pocket fell into a gap that prosecutors had to fill with the stalking statute.
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That gap is closed. Placing any tracking device on a person or on their tangible personal property without permission is now a class A misdemeanor, and so is using a tracking application on a device they possess. Stalkerware on a phone, a Bluetooth tag in luggage, and a GPS puck in a stroller all sit squarely inside the statute.
Utah's stalking law, Utah Code 76-5-106.5, still applies alongside it. That statute defines stalking to include monitoring a person "by any action, method, device, or means" as part of a course of conduct that would cause a reasonable person fear or emotional distress. Repeated tracking can support stalking charges, a stalking injunction, or both.
Penalties for Illegal GPS Tracking in Utah
| Conduct | Charge | Maximum penalty |
|---|---|---|
| Unlawful tracking device or tracking app (Utah Code 76-12-305) | Class A misdemeanor | 364 days in jail and a $2,500 fine |
| Stalking, first offense (Utah Code 76-5-106.5) | Class A misdemeanor | 364 days in jail and a $2,500 fine |
| Stalking with a prior conviction or while a protective order is in place | Third degree felony | Up to 5 years in prison and a $5,000 fine |
| Federal interstate stalking (18 U.S.C. 2261A) | Federal felony | Up to 5 years in federal prison, more with aggravating factors |
A class A misdemeanor is Utah's most serious misdemeanor level, one step below a felony. Prosecutors can stack charges where tracking is part of a broader stalking pattern.
Suing for Illegal Tracking: Utah's Built-In Damages
Most states force tracking victims to improvise a lawsuit out of invasion of privacy or trespass claims. Utah wrote the cause of action directly into the criminal statute.
Under subsections (8) through (11) of Utah Code 76-12-305, a person who is unlawfully tracked can sue the tracker and recover:
- An injunction ordering the tracking to stop and the device or app removed.
- Compensatory or statutory damages equal to the greater of $50 for each day of unlawful tracking or $5,000. A tracker hidden for four months is worth more than $6,000 before anything else is counted.
- Attorney fees and costs, which makes these cases viable for ordinary people, not just those who can fund litigation.
- Punitive damages, which courts can add for egregious conduct.
One more provision with teeth: an acquittal in the criminal case does not bar the civil claim. Even if a prosecutor declines to file or a jury acquits, the victim can still sue and win under the lower civil burden of proof.
What to Do If You Find a Tracker in Utah
- Do not destroy it. The device is evidence. Photograph it where you found it, including the mounting spot, before touching anything.
- Document everything. Save photos, dates, locations where you found it, and any pattern of someone knowing where you have been.
- Call local police or the sheriff. Report it under Utah Code 76-12-305 and ask for a case number. Mention the statute by its new number, since some older reference materials still list 76-9-408.
- Check your phone and accounts. The 2026 law covers tracking apps too. Review location sharing settings, unfamiliar apps, and account logins.
- Consider a protective order. If the tracker is connected to a current or former partner, a stalking injunction or protective order adds criminal consequences to any further contact. Our guide to Utah restraining order laws walks through the process.
- Talk to a lawyer about the civil claim. With statutory damages and attorney fees available, many Utah attorneys will take a strong tracking case.
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For rules in other states, see our full guide to GPS Tracking Laws by State.
Sources
- Utah Code 76-12-305, Unlawful use of a tracking device or tracking application, Utah State Legislature
- Utah Code Title 76, Chapter 12, Part 3, Utah State Legislature
- Utah Code 76-5-106.5, Stalking, Utah State Legislature
- United States v. Jones, 565 U.S. 400 (2012), Supreme Court of the United States
- 18 U.S.C. 2261A, Stalking, Legal Information Institute, Cornell Law School
Disclaimer: This article is general legal information, not legal advice. Statutes change and every situation is different. If you are dealing with tracking or stalking, contact a Utah attorney or call local law enforcement. If you are in immediate danger, call 911.
Sources and References
- Utah Code 76-12-305 - Unlawful use of a tracking device or tracking application(le.utah.gov)
- Utah Code Title 76, Chapter 12, Part 3(le.utah.gov)
- Utah Code 76-5-106.5 - Stalking(le.utah.gov)
- United States v. Jones, 565 U.S. 400 (2012)(supremecourt.gov)
- 18 U.S.C. 2261A - Federal stalking statute(law.cornell.edu)