Tennessee
Tennessee 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
Tennessee GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Tennessee answers this question with a specific criminal statute. Under Tenn. Code Ann. 39-13-606, knowingly installing, concealing, or otherwise placing an electronic tracking device in or on a motor vehicle without the consent of all owners, for the purpose of monitoring or following an occupant, is a Class A misdemeanor.
That phrase "all owners" does a lot of work. Tennessee is stricter than many states here: if a car is titled to two people, one of them cannot lawfully hide a tracker to monitor the other, even though their own name is on the title.
The statute also has a separate rule for leased vehicles, a short list of exceptions, and a notable gap: it only covers motor vehicles. This guide walks through all of it, including what happens when an AirTag ends up in a bag instead of under a bumper. For other states, see GPS Tracking Laws by State.
Information last verified on June 10, 2026. This article has not yet been reviewed by a licensed attorney.
Is It Legal to Put a GPS Tracker on a Car in Tennessee?
Only with the consent of every owner of the vehicle. In practice, that means you can track a car that is titled solely in your name, and you can track anyone else's car only if all of its owners agree.
What you cannot do is hide a tracker on someone else's vehicle to keep tabs on them. That includes a boyfriend's truck, an ex-wife's SUV, and, importantly, a car you co-own with the person you want to monitor.
The purpose element matters too. The offense targets tracking done to monitor or follow an occupant of the vehicle. Tracking your own solely owned car to find it in a parking garage is not what the statute is aimed at.
If you are thinking about using a tracker in a divorce, custody fight, or suspected-cheating situation, keep reading. Those are exactly the scenarios where Tennessee's all-owners rule trips people up.
Tennessee's Vehicle Tracking Law (39-13-606) and the All-Owners Rule
T.C.A. 39-13-606 sits in the invasion-of-privacy part of Tennessee's criminal code. The offense has three core elements: knowingly installing, concealing, or otherwise placing an electronic tracking device in or on a motor vehicle, without the consent of all owners of the vehicle, for the purpose of monitoring or following an occupant or occupants.
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Note what the verbs do and do not cover. The statute reaches the act of putting the device in place. Someone who only watches the data from a device another person installed is not squarely within the text, though that conduct can still be charged as stalking under the section discussed below.
The all-owners rule is the part that surprises people. In many states, a person who appears on the title can consent on their own and track the car freely. Tennessee says no: every owner has to consent. A husband who puts a tracker on the jointly titled family minivan to follow his wife has a real criminal exposure problem, even though he owns the van too.
The statute also speaks directly to leases. A lessor, meaning the company or person who leases a vehicle to someone else, cannot install, conceal, or otherwise place a tracking device in or on that vehicle without the lessee's consent. The driver who holds the lease is the one whose permission counts.
Two definitions round out the law. The statute's definition of "owner" reaches people who are still paying for a vehicle under a loan agreement, which closes the door on a lender or dealer claiming it can track a financed car without the borrower's consent simply because it holds a lien. And "person" excludes the vehicle's manufacturer, so factory telematics systems like OnStar do not violate the statute by existing.
Neither the lease prong nor the loan-purchaser definition of "owner" was in the original 1997 statute. Both came from later amendments, and the compiler's note to the section states that the amendment carrying that language applies to prohibited conduct occurring on or after July 1, 2016. Because Tennessee publishes its official code through a third-party legal database, always check the current text before relying on a specific clause.
Who Can Legally Track a Vehicle in Tennessee
The statute lists a handful of situations where tracking is allowed:
- Law enforcement. Officers can use tracking devices in furtherance of a criminal investigation when they comply with state and federal law. After the U.S. Supreme Court's decision in United States v. Jones (2012), attaching a GPS device to a suspect's car is a Fourth Amendment search, so police generally need a warrant.
- Parents and guardians. A parent or legal guardian who owns or leases the vehicle can use a tracker solely to monitor their minor child when the child is an occupant. Note both requirements: the parent must own or lease the car, and the child must be a minor.
- Stolen property. Devices used to track stolen goods being transported in a vehicle, or to locate the vehicle itself if it is stolen, are permitted.
- Manufacturers. Factory-installed systems are outside the statute because the manufacturer is not a "person" under the law.
Just as notable is who is missing from this list. Tennessee gives no exception to private investigators. A PI who plants a tracker on a vehicle without all owners' consent commits the same misdemeanor as anyone else, and hiring a PI does not launder the act for the client. There is also no general carve-out for lienholders or repossession companies.
Can My Employer Track My Car in Tennessee?
It depends on whose car it is. If your employer owns or leases the vehicle you drive, the company is the owner whose consent counts, and it can lawfully put GPS on its own fleet. That is how most delivery, trucking, and service businesses operate.
Your personal car is a different story. An employer that hides a tracker on a vehicle you own, without your consent, runs into 39-13-606 like anyone else would.
Tennessee has no statute requiring employers to give written notice before GPS-tracking company vehicles, unlike a few states that mandate disclosure. Many employers disclose anyway in handbooks, both for morale and to head off privacy claims.
Workplace monitoring usually involves more than location data. If your employer also records calls or video, see our guide to Tennessee recording laws and the rules for surveillance camera laws.
AirTags and Item Trackers: What If the Tracker Is Not on a Car?
T.C.A. 39-13-606 covers motor vehicles only. An AirTag, Tile, or SmartTag dropped into a purse, coat pocket, or backpack falls outside the vehicle-tracking statute.
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That does not make it legal. Tennessee prosecutors charge person-focused tracking as stalking under T.C.A. 39-17-315, which criminalizes a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed.
One planting is enough. Tennessee changed this in 2023: Public Chapter 349 (Senate Bill 1223, 113th General Assembly), signed May 17, 2023 and effective July 1, 2023, provides that one instance of placing an electronic tracking device without a person's consent, on that person or in or on that person's property, constitutes a course of conduct for stalking purposes. The act exempts tracking by or at the direction of law enforcement in a lawful criminal investigation. The remaining stalking elements still have to be proven, but a reader relying on older guidance that a stalking charge needs a repeated pattern is working from the pre-2023 rule. Stalking also escalates to felony grades when aggravating factors apply.
Federal law adds another layer. The interstate stalking statute, 18 U.S.C. 2261A, expressly reaches anyone who uses an electronic communication service or electronic system to engage in a course of conduct that places a victim in fear or causes substantial emotional distress. Federal prosecutors have used it in GPS and AirTag cases that cross state lines.
Penalties for Illegal GPS Tracking in Tennessee
| Conduct | Charge | Penalty |
|---|---|---|
| Tracking device on a vehicle without all owners' consent (T.C.A. 39-13-606) | Class A misdemeanor | Up to 11 months, 29 days in jail and a fine of up to $2,500 |
| Placing a tracker on a person or that person's property without consent, which has counted as a stalking course of conduct on a single instance since July 1, 2023 (T.C.A. 39-17-315) | Class A misdemeanor | Up to 11 months, 29 days in jail; aggravated stalking is a Class E felony and especially aggravated stalking a Class C felony |
| Interstate stalking using an electronic tracking system (18 U.S.C. 2261A) | Federal felony | Up to 5 years in federal prison, more if the victim is injured |
A Class A misdemeanor is the most serious misdemeanor grade in Tennessee. Beyond jail and the fine, a conviction creates a criminal record that surfaces in background checks, and judges in divorce and custody cases take secret tracking seriously when weighing credibility and parenting decisions.
Civil Lawsuits and Orders of Protection
The criminal statute does not create its own right to sue, but Tennessee tort law fills the gap. The Tennessee Supreme Court recognized the privacy tort of intrusion upon seclusion in Givens v. Mullikin (2002), which covers intentional intrusions into someone's private affairs that would be highly offensive to a reasonable person. Secret GPS surveillance is a textbook fit, and a successful plaintiff can recover damages.
Victims who fear for their safety can also petition for an order of protection under T.C.A. 36-3-601 and the sections that follow. Tennessee's order of protection statute covers victims of stalking as well as domestic abuse, so you do not need a domestic relationship with the person tracking you. Courts can order the respondent to stop all contact and surveillance, and violating the order is itself a crime.
The Tennessee Administrative Office of the Courts publishes free standardized petition forms. For the broader process, see our guide to Tennessee restraining order laws.
What to Do If You Find a Tracker on Your Car
- Do not destroy it. The device is evidence, and in rare cases it belongs to law enforcement. Photograph it where you found it before touching anything.
- Document everything. Note the date, time, location on the vehicle, and any serial numbers. Save AirTag alerts or unknown-tracker notifications from your phone.
- Call the police. Report it to your local department or sheriff. Ask for a report number even if officers cannot identify the owner immediately.
- Get a professional sweep. A mechanic or counter-surveillance specialist can check wheel wells, bumpers, the OBD port, and wiring for additional devices.
- Consider an order of protection. If you suspect an ex-partner or stalker, the order of protection process described above can bar further tracking.
- Talk to a lawyer if litigation is pending. If you are in a divorce or custody case, your attorney may want the tracker preserved and disclosed rather than quietly removed.
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Sources
- Tennessee General Assembly legislation portal (official access point for the Lexis-hosted Tennessee Code Annotated), Tennessee General Assembly
- Senate Bill 1223, 113th General Assembly (2023 Public Chapter 349, electronic tracking devices and stalking), Tennessee General Assembly bill record
- Givens v. Mullikin, 75 S.W.3d 383 (Tenn. 2002), Tennessee Supreme Court opinion
- Order of Protection forms, Tennessee Administrative Office of the Courts
- Order of Protection Act benchcard (T.C.A. 36-3-601 et seq.), Tennessee General Assembly archives
- United States v. Jones, 565 U.S. 400 (2012), Legal Information Institute, Cornell Law School
- 18 U.S.C. 2261A, Stalking, Legal Information Institute, Cornell Law School
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change, and how they apply depends on the facts of your situation. Tennessee publishes its official code through a third-party database, so verify the current statutory text before acting. If you are dealing with unwanted tracking or stalking, consult a licensed Tennessee attorney. If you are in immediate danger, call 911.
More Tennessee Laws
Frequently Asked Questions
Is it legal to put a GPS tracker on my own car in Tennessee?
Yes, if you are the only owner. If the car is jointly titled, T.C.A. 39-13-606 requires the consent of all owners, so tracking a co-owned car to monitor the other owner without their consent can still be a crime.
Can I track my spouse's car during a divorce in Tennessee?
Not without their consent. Even if your name is on the title alongside theirs, Tennessee's all-owners rule means you cannot lawfully hide a tracker to monitor your spouse. Evidence gathered this way can also backfire badly in divorce court.
Can a parent put a GPS tracker on their teenager's car?
Yes, if the parent or legal guardian owns or leases the vehicle and uses the device solely to monitor their minor child as an occupant. Once the child turns 18, or if the car belongs to someone else, the exception no longer applies.
Can a private investigator legally use a GPS tracker in Tennessee?
No. Tennessee's statute contains no private investigator exception. A PI needs the consent of all owners of the vehicle just like anyone else, and a client who hires a PI to plant a tracker shares the legal risk.
Is it illegal to put an AirTag in someone's bag in Tennessee?
The vehicle-tracking statute does not cover it, but secretly tracking a person with an AirTag is routinely charged as stalking under T.C.A. 39-17-315. Since July 1, 2023, one instance of placing an electronic tracking device on a person, or in or on that person's property, without consent constitutes a course of conduct for stalking, so no repeated pattern of planting is required. Federal charges under 18 U.S.C. 2261A are also possible when the conduct crosses state lines.
Do police need a warrant to put a GPS tracker on my car in Tennessee?
Generally yes. In United States v. Jones (2012), the U.S. Supreme Court held that attaching a GPS device to a vehicle is a Fourth Amendment search, so police need a warrant or a recognized exception to the warrant requirement.
Can a car dealer or lender track my financed car in Tennessee?
Not without your consent. Tennessee's definition of owner includes people buying a vehicle under a loan agreement, so a lienholder cannot rely on its security interest alone. In practice, many financing contracts include a written GPS consent clause, so read your paperwork before assuming you were tracked unlawfully.
Updates
Updated the AirTag and stalking guidance to reflect Tennessee's 2023 Public Chapter 349, under which a single instance of placing an electronic tracking device on a person or their property is itself a stalking course of conduct, corrected the vehicle-tracking statute's operative verbs, and fixed a mislabeled source link.
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.
Tennessee Code Annotated
§ 39-13-606Electronic tracking of motor vehicles.In forcecited in 2 of our articles
(a)(1)(A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Aegis Investigative Group v. Metropolitan Government of Nashville & Davidson County (Court of Appeals of Tennessee 2002, 98 S.W.3d 159)“…e Murfreesboro Police Department of a possible violation of Tenn.Code Ann. § 39-13-606. No charges were placed against Aegis.…”
- Ashley Shearin Meade v. Paducah Nissan, LLC (Court of Appeals of Tennessee 2022)“…vehicle without the consent of the lessee of the vehicle. Tenn. Code Ann. § 39-13-606(a)(1). The term “lease” as it is used i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
§ 36-3-601Part definitions.In force
As used in this part, unless the context otherwise requires: (1) “Abuse” means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Wood (Court of Appeals of Tennessee 2002, 91 S.W.3d 769)“…he appeal and that the sentence should be vacated. Because Tenn. Code Ann. § 36-3-601 (2)(F) now provides for an appeal in th…”
- Lorna Mae Gibson v. Charles William Bikas (Court of Appeals of Tennessee 2018, 556 S.W.3d 796)“…rs who are related or were formally related by marriage[.]” Tenn. Code Ann. § 36-3-601(4), (5)(B), (5)(E). See also Hall v. Ha…”
- Shayla Nicole Purifoy v. Devine Mafa (Court of Appeals of Tennessee 2017, 556 S.W.3d 170)“…r of the offense of stalking, as defined in § 39-17-315[.]” Tenn. Code Ann. § 36-3-601(11). In turn, the offense of “stalking”…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 2261AStalkingIn forcecited in 53 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: Alabama GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Colorado GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Florida GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Tennessee Code Annotated, Title 39 (official Lexis-hosted edition), Tennessee General Assembly(capitol.tn.gov)
- Givens v. Mullikin, 75 S.W.3d 383 (Tenn. 2002)(tncourts.gov)
- Order of Protection forms, Tennessee Administrative Office of the Courts(tncourts.gov)
- Order of Protection Act benchcard (T.C.A. 36-3-601 et seq.)(capitol.tn.gov)
- United States v. Jones, 565 U.S. 400 (2012)(law.cornell.edu)
- 18 U.S.C. 2261A - Stalking(law.cornell.edu)
- Senate Bill 1223, 113th General Assembly (2023 Public Chapter 349, electronic tracking devices and stalking), Tennessee General Assembly bill record(wapp.capitol.tn.gov)