Amended Oklahoma Law: GPS Tracking Absent Consent Is Stalking

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By Kyle LaHucik

Using a GPS device to follow somebody without their permission can constitute the crime of stalking under amendments to an Oklahoma criminal law.

The amended law, H.B. 3260, expands the definition of stalking to include following the “movement or location of an individual” using a Global Positioning System device or other monitoring system, without that person’s consent. Upon conviction, a violation would be a misdemeanor that can can trigger fines of up to $1,000, up to a year in jail, or both.

The law doesn’t apply to new or used car dealers or lenders that can repossess vehicles if payments aren’t made. They can still attach GPS tracker devices to cars if buyers give consent.

Individuals who violate the law and had a restraining order in place for conduct described in the bill or were, among other things, on probation for behavior described in the bill can be found guilty of a felony, punishable by up to five years imprisonment, a fine of up to $2,500, or both. There are also provisions for those who violation the measure and had a prior stalking conviction.

The measure said that “unconsented contact” can include approaching a person in public, appearing at a person’s workplace, contacting an individual by phone, and/or sending electronic communications or mail, among other things.

Gov. Mary Fallin (R) signed the bill May 3 and it took effect immediately.

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