PHILADELPHIA (KYW Newsradio) — A bill making its way through the Senate would increase penalties for people who use low cost tracking devices to follow someone without their knowledge.
Central Pennsylvania Republican state Sen. Wayne Langerholc, a prime sponsor of the bill, says illegal use of tracking devices like Apple AirTags often falls through the cracks under current law, as secretly tracking someone “does not really fit into any categories.”
“The crime stalking would require that a victim be in reasonable fear of bodily injury or caused substantial emotional distress,” he explained. “So this creates a new offense.”
Langerholc says the bill would make secretly putting a tracking device on someone or on their belongings a second degree misdemeanor. Repeat offenses would rise to a first degree misdemeanor.
But there are some exceptions to the legislation, including law enforcement, commercial fleet managers, a caregiver concerned about someone with certain disabilities like dementia, or a parent or guardian tracking a child under the age of 18 – with certain restrictions carved out if there is a divorce or custody issues.
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“If there's a noncustodial parent, not allowing them to track the child while they're in the care of the other custodial parent, as well as guardian would allow a caregiver or family member of an elderly person if there is a physician recommendation to track, which could benefit that.”
The bill moved out of the Senate Judiciary Committee on a unanimous vote and is heading to the full Senate for consideration. A similar bill last year never made it out of committee.