Ohio AirTag bill that would ban nonconsensual tracking heads to governor
COLUMBUS, Ohio (WCMH) – The Ohio Statehouse passed a bill last week that would criminalize using an electronic device to track someone without their consent.
Senate Bill 100, sponsored by Sens. Nickie Antonio (D-Lakewood) and Nathan Manning (R-North Ridgeville), would prohibit residents from using technology to track someone without their permission. This includes devices and apps such as Apple AirTags or Life360. Currently, in Ohio, putting a tracker on someone’s personal property is not its own crime.
“Oftentimes, victims of domestic violence, their whereabouts are being tracked unknowingly by their perpetrator,” Antonio said. “I do believe that not only have we created a [bill] that's going to further protect potential victims of domestic violence. … I also believe that this bill can actually save lives.”
Antonio said she was inspired to sponsor the bill after a resident brought a stalking incident to her attention, where a woman discovered someone was tracking her after finding a device in her car. When the woman told police about it, they said there was nothing they could do because there is no law prohibiting such behavior, according to Antonio.
The bipartisan bill would make tracking someone without their consent a first-degree misdemeanor, with the offense jumping to a fourth-degree felony if the offender has a history of stalking or violence. Judges have discretion in sentencing those who commit a first-degree misdemeanor in Ohio, with penalties typically including up to six months in jail and a $1,000 fine. Those who commit a fourth-degree felony face a minimum of six to 18 months in jail, fines of up to $5,000 and up to five years of probation.
The legislation specifies not removing a tracker after someone who previously gave consent takes it back would be considered a crime. The bill states in instances of divorce or the issuing of a protection order, there is the presumption that consent has been revoked.
There are exceptions to the rule for the following: parents or legal guardians of minors, law enforcement, a person “acting in good faith” on behalf of a business entity, caregivers for elderly people or adults with disabilities, an owner or lessee of a motor vehicle, and a person who has ownership or contractual interest in the property.
The bill's only opponent testimony came from private investigator groups, who expressed concerns it would hinder their ability to do their jobs. Antonio said she met with private investigators and heard their concerns; however, a provision to address them was not added to the legislation.
The bill received support from Ohio Attorney General Dave Yost, the Ohio Domestic Violence Network, the Ohio Prosecuting Attorney’s Association and the Ohio Alliance to End Sexual Violence.
“The proposed bill aims to empower law enforcement and other criminal justice agencies in Ohio to hold accountable those who use technology to stalk and terrorize their victims,” said Maria York, Policy Director for the Ohio Domestic Violence Network, in written testimony.
A 2022 Bureau of Justice Statistics report found that 80% of stalking victims report being stalked through technology and 14% of stalking victims have had their location tracked with an electronic device or application. A similar bill was introduced in the previous General Assembly but did not make it across the finish line.
“What we know is that if a person without consent tracks the whereabouts of someone one time, they could potentially commit some kind of violence against that person, and that violence could end in them being injured or losing their life and so even one time is one time too many, and that's why it was so very important to be able to pass this bill,” Antonio said.
The bill passed with the House and Senate with nearly unanimous support, with only one vote against it from Sen. Catherine Ingram (D-Cincinnati). In order for it to become law, Gov. Mike DeWine needs to sign it before the end of the year.