The Indiana General Assembly has completed the 2023 Legislative Session. One of the bills which passed is Senate Bill 161, which provides for some new penalties for using a tracking device. With the passing of this bill, courts can now prohibit the use of tracking devices as part of an order for protection. Further, a person who knowingly or intentionally places a tracking device on an individual or an individual’s property without the individual’s knowledge or consent now commits a Class A misdemeanor, with a few exceptions. If the person who placed the tracking device is the subject of a protective order or has certain prior convictions, the penalty is increased to a Level 6 felony.

With the increased popularity of tracking devices such as Apple Airtags, it is important to be aware of the possible consequences of using such devices. If you have questions about the use of a tracking device in a family law context, reach out to our office and ask for a consultation with Attorney Abby Schneller.