Effective March 20, 2025 – R.C. § 2903.216
On March 20, 2025, Ohio enacted one of the toughest anti-stalking and anti-tracker laws in the nation. The new crime of “Illegal Use of a Tracking Device or Application” (R.C. § 2903.216) directly targets the use of AirTags, Tile devices, GPS units, Life360, Find My iPhone sharing, and virtually every form of stalkerware or spouseware in domestic relations cases.
If you are contemplating separation, going through a divorce, or involved in a domestic-violence or custody dispute, this law dramatically changes the legal landscape.
What the Law Prohibits
It is now a crime in Ohio to:
- Install or use any tracking device or app on another person’s phone, car, or property without that person’s consent, or
- Continue using a previously consented-to tracker after consent has been revoked.
Most importantly, consent is automatically and immediately revoked in two common domestic situations:
- The moment one spouse files for divorce or dissolution Service of the divorce/dissolution complaint or petition triggers automatic revocation. The spouse who installed or is using the tracker has only 72 hours to remove or disable it.
- The moment a civil protection order (CPO), domestic-violence protection order, or certain criminal no-contact orders is filed or issued Again, the 72-hour clock starts running upon service of the order.
Failure to uninstall or disable the tracker within 72 hours is a criminal offense.
Criminal Penalties
- First offense: Misdemeanor of the 1st degree (up to 180 days in jail and $1,000 fine)
- Felony of the 4th degree (6–18 months in prison and up to $5,000 fine) if the person:
- Has a prior conviction for this offense or menacing by stalking,
- Was subject to a protection order at the time,
- Has a history of violence toward the victim, or
- Has previously been found to represent a substantial risk of physical harm to others.
In many contested divorce or domestic-violence cases, the offense will be charged as a felony on the first arrest.
Real-World Examples Now Criminal in Ohio
- Leaving an AirTag in a spouse’s car after separation papers are filed
- Continuing to monitor a spouse’s location via Life360 or Find My iPhone after a CPO is served
- Refusing to remove a GPS tracker from a vehicle titled in the other spouse’s name
- Using third-party spyware apps (mSpy, FlexiSPY, etc.) without current, valid consent
All of these actions are now misdemeanors or felonies, even if the tracker was originally installed with permission during a happier time in the relationship.
What This Means for Clients Filing for Divorce or Seeking Protection
- You now have an extremely powerful new tool. Victims of hidden tracking can call the police and request an immediate criminal investigation.
- Police treat these cases seriously; many departments have already begun making arrests the same day a report is filed.
- Evidence of illegal tracking can also be used in custody hearings to show a pattern of coercive control or stalking behavior.
What This Means for Clients Who Currently Use Family-Tracking Apps or Devices
If you share location with your spouse through Life360, Apple Find My, Google Maps, Samsung SmartThings, Tile, or any similar service:
- Turn off location sharing immediately if you are contemplating or filing for divorce or if a protection order is in process.
- Remove any physical GPS devices or AirTags from vehicles or personal property belonging to your spouse.
- Document in writing (text or email) that you have disabled all tracking and request confirmation from the app provider if possible.
Waiting even a few days can expose you to arrest and prosecution.
Take Action Now
If you believe your spouse is tracking you illegally, or if you are concerned that your current use of a family-tracking app could be misinterpreted, contact an experienced domestic relations attorney immediately. The 72-hour window is unforgiving, and the criminal penalties are severe.
Our family law team stays at the forefront of these rapidly evolving technology-and-privacy issues. We can help you gather digital evidence, file appropriate motions, and protect your rights under this powerful new law.