Privacy Law Library

Unauthorized use of electronic tracking device

VA tracking device

Location

Makes it a crime to deceptively place a GPS or other electronic tracking device without consent and use it to track a person's location. Fleet owners and electronic communications providers that disclose tracking in their terms or privacy policy are exempt.

Where
Virginia
Citation
Va. Code § 18.2-60.5
Status
In force
In force since
2013-07-01
Last amended
2022-07-01
Enforced by
Criminal prosecution
People can sue
No
Penalties
Class 1 misdemeanor (18.2-60.5(A)).
Applies to
  • Any person who deceptively and without consent installs or places a tracking device on another person or their property, with exceptions for law enforcement, parents of minors, representatives of vulnerable adults, fleet owners, disclosed provider uses, and licensed private investigators with owner consent (18.2-60.5(B))

What a privacy notice must say

  • Communications providers are exempt only where the tracking is disclosed in their terms of use, privacy policy, or similar customer document.Va. Code § 18.2-60.5(B)(5)

Practices it requires

  • Do not install or place an electronic tracking device through deceptive means and without consent and use it to track a person.Va. Code § 18.2-60.5(A)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from Virginia's default July 1 effective date for regular-session acts (history notes); enacting bill pages not checked. History: 2013, c. 434; 2020, c. 140; 2022, cc. 259, 642.

Research reference, not legal advice.