Can Someone Legally Put an AirTag in Your Car in New York?

As a mom, I think a lot about the ordinary things that can turn scary fast, and a hidden tracker is high on that list. An AirTag slipped into a glove box or a GPS unit stuck under a bumper can turn an everyday drive into something that makes your skin crawl. If you're wondering whether that's legal in New York, the short answer is that it depends, and the details matter.

New York Stalking Law Explained: When GPS Tracking Becomes a Crime

New York does not say that every tracker placed on someone else’s property is automatically a crime. Tracking becomes a legal problem when it fits into a larger pattern of conduct.

Under New York Penal Law § 120.45, stalking in the fourth degree involves intentionally engaging, for no legitimate purpose, in a course of conduct directed at a specific person. The person doing it must know, or reasonably should know, that the conduct is likely to cause reasonable fear of material harm to that person’s physical health, safety, or property. The law has two other parts. One covers conduct that causes material harm to someone’s mental or emotional health, and the other covers conduct that threatens someone’s job or business.

Tracking is written into the second of those parts. For that section, the statute says “following” includes unauthorized tracking of a person’s movements or location through “a global positioning system or other device.” That section applies when the conduct causes material harm to mental or emotional health and the person was previously clearly told to stop. Because the law looks at a course of conduct, finding or placing a single device does not by itself prove stalking. Stalking in the fourth degree is a Class B misdemeanor. Keep in mind that this is general information and not legal advice.

Jackie’s Law in New York Closed a Gap in Stalking Charges

Jackie's Law added the tracking language, and Governor Andrew Cuomo signed it on July 23, 2014. According to a press release from the Senate, the bill was authored by then-Sen. Tim Kennedy and Assemblywoman Crystal Peoples-Stokes and named for Jackie Wisniewski of West Seneca. She was killed after being stalked by a former boyfriend who used a GPS tracking device on her car.

The release says police couldn't identify a crime in the state penal code to charge him with at the time. It also says the change lets law enforcement pursue a stalking charge without requiring the victim to press charges or file an order of protection.

New York Law on Tracking a Car You Own or Share

Owning a car doesn't settle the question. The statute turns on words like “unauthorized” and “no legitimate purpose,” and it does not spell out what those mean for a shared car, a family vehicle, a work vehicle, or one tied to a loan or lease. Secretly tracking another person who regularly drives a car can raise different concerns than protecting your own property. Anyone considering a tracker on a vehicle someone else uses should get clear permission first and talk to a New York attorney if the situation is complicated.

Unknown AirTag or GPS Tracker Found in Your Car in New York: Next Steps

An alert on your phone does not necessarily mean someone is targeting you, but it is worth checking. Apple’s guide to detecting unwanted trackers explains that an iPhone can notify you when an unknown tracker is traveling with you. You can tap it to play a sound on the device. Apple says to check places you rarely look, such as a jacket pocket or your vehicle.

Android phones offer the same protection. Google’s unknown tracker alerts page says the alerts work with AirTags and with tags and headphones on its Find Hub network. On Android 12 and up, you can scan manually under Safety & emergency.

If you find a device and feel unsafe, Apple advises going to a safe public location and contacting law enforcement. Police may ask for the device and its serial number or identifier. Apple also suggests taking a screenshot of the item and owner information for your records. It cautions you to consider how disabling a tracker could affect your safety before you do it, because the owner stops getting location updates once it is turned off.

Get our free mobile app

New York Domestic and Sexual Violence Hotline for Anyone Who Feels Unsafe

If you believe you are being tracked or stalked, the New York State Domestic and Sexual Violence Hotline is available at 1-800-942-6906, according to the Office for the Prevention of Domestic Violence. The office does not provide direct victim services, but the hotline can connect you with shelter and information.