No. In most cases, it is not legal to put a GPS tracker on someone else’s car in Texas. Under Texas Penal Code § 16.06, knowingly installing a tracking device on a motor vehicle owned or leased by another person without their consent is a Class A misdemeanor. This charge can result in up to one year in county jail and fines up to $4,000.
If you’re caught tracking your spouse’s vehicle during a divorce or custody dispute, the consequences extend far beyond criminal charges. What you thought might help your case could actually devastate it.
What the Law Actually Says
Texas Penal Code § 16.06 makes it a criminal offense to knowingly install an electronic or mechanical tracking device on a vehicle that you do not own or lease. The statute covers GPS units, Bluetooth trackers like AirTags, and any device capable of transmitting location data.
The offense applies when you install a tracker on someone else’s vehicle without their effective consent. Even if you share a home or a marriage with the vehicle’s owner, installing a hidden tracker on their car can still violate this law.
A Class A misdemeanor is the most serious type of misdemeanor in Texas. A conviction means:
- Up to 1 year in the Tarrant County Jail or other county jail
- A fine up to $4,000
- A permanent criminal record
- Potential restraining orders and protective orders
What About Jointly Owned Vehicles?
The law criminalizes installing a tracker on a vehicle “owned or leased by another person.” This creates ambiguity when the vehicle is jointly titled or purchased with community property funds during marriage.
Many Texas prosecutors have taken the position that tracking a vehicle primarily used by your spouse, particularly during a separation, can still result in charges. This is especially true when temporary court orders grant one spouse exclusive use of a specific vehicle. Those orders effectively eliminate any claim of “effective consent.” At least one federal court addressing the issue of jointly owned vehicles in the context of GPS trackers disagreed that an arrest for one spouse installing a GPS tracker on a jointly owned vehicle would give rise to a civil suit for malicious prosecution.
Even without explicit court orders, law enforcement and district attorneys frequently pursue charges against spouses who install trackers on the “family car” when the other spouse was the primary driver. The argument is straightforward: if you’re hiding a tracker, you know the other person wouldn’t consent to it.
Defenses to Unlawful Installation of a Tracking Device
Texas law provides several affirmative defenses that can defeat this charge:
Consent. If the vehicle’s owner or lessee gave you permission to install the device, you have a complete defense. This consent should be documented in writing whenever possible.
Law enforcement cooperation. Installing a tracker while assisting law enforcement under proper authorization is a valid defense.
Court order. If a court specifically authorized the tracking, the installation is lawful.
Owner status. If you are the sole owner of the vehicle (title in your name only), tracking your own property is not a crime. However, this defense may not apply to vehicles purchased during marriage, which are presumed to be community property regardless of whose name appears on the title.
The defense attorneys at Varghese Summersett have handled cases where clients genuinely believed they had a right to monitor a jointly owned vehicle. Understanding the nuances of ownership, consent, and community property law is essential to building a viable defense. If you’re facing these charges, talk to a Fort Worth stalking and surveillance defense lawyer who can evaluate the specific facts of your situation.
Typical Bond Amounts for Tracking Device Charges
If you’re arrested for unlawful installation of a tracking device in Tarrant County, you should expect to post bond before being released from the Tarrant County Jail or Lon Evans Corrections Center.
Based on our analysis of recent Tarrant County bond data, the most common bond set for violations of Texas Penal Code § 16.06 is $1,000. The average bond for this offense runs slightly higher, around $2,000, because some cases involve additional charges or aggravating circumstances.
Bond amounts can increase significantly when tracking device charges are filed alongside stalking, violation of a protective order, or harassment charges. In cases involving documented patterns of surveillance or intimidation, bonds can reach $5,000 or more.
When Tracking Becomes Stalking
Installing a single tracking device is a Class A misdemeanor. But repeated tracking, combined with other conduct that causes fear or harassment, can elevate the offense to stalking under Texas Penal Code § 42.072.
Stalking is a third-degree felony punishable by 2 to 10 years in prison. It becomes a second-degree felony (2-20 years) if you have a prior stalking conviction or if you violated a court order while engaging in the conduct.
Prosecutors often charge both offenses together when they believe the tracking was part of a broader pattern. In Tarrant County, bond amounts for stalking charges average around $28,000, reflecting the serious nature of these allegations.
Our attorneys recently represented a client charged with stalking in Tarrant County. The case involved allegations of surveillance and unwanted contact. Through careful investigation and strategic advocacy, we secured a resolution of 3-year deferred adjudication, which gives our client the opportunity to have the charge dismissed upon successful completion of probation.
The Family Law Consequences Can Be Worse Than Criminal Charges
Here’s what many people don’t realize until it’s too late: even if the criminal case results in a dismissal or light sentence, the family court consequences can be devastating.
Impact on Your Divorce Case
Texas is a no-fault divorce state. You don’t need to prove adultery to get divorced. But evidence of adultery can still affect property division and, in some cases, spousal maintenance.
The problem is that evidence obtained through illegal tracking is immediately suspect. Your spouse’s attorney will attack it on multiple grounds: the criminality of how it was obtained, the invasion of privacy, and any violations of standing orders that prohibited monitoring the other spouse.
Even if a judge allows some of the evidence, the bigger picture often works against the tracking spouse. You may have proof that your spouse visited someone’s apartment, but now you’ve also given them proof that you committed a crime to get it. Judges frequently view the tracking spouse as the greater wrongdoer.
Impact on Child Custody
Custody disputes turn on what’s in the “best interest of the child.” Texas courts evaluate factors like each parent’s emotional stability, ability to co-parent, and any history of family violence.
Covert GPS tracking of the other parent can be characterized as stalking, harassment, or controlling behavior. This cuts against you on multiple custody factors. Your ex’s attorney will argue that you’ve demonstrated:
- Poor judgment
- Inability to respect boundaries
- Controlling or obsessive behavior
- Potential for escalation
Several Texas family courts have used unauthorized tracking as grounds for restricting the tracking parent’s access to the children. Outcomes have included supervised visitation, restricted geographic radius, and custody arrangements favoring the non-tracking parent.
If you’re going through a divorce and concerned about your spouse’s behavior, there are legitimate ways to address those concerns through the family court system. You should explore those options with a family law attorney before taking any action that could backfire. Learn more about what to do if you suspect your spouse is cheating.
Protective Orders and Restraining Orders
Texas courts have become increasingly sensitive to surveillance and tracking in the domestic context. Recent legislative updates treat unauthorized GPS tracking as a form of family violence when directed at a current or former intimate partner, particularly when it’s part of a pattern of stalking or harassment.
If your spouse discovers a hidden tracker on their car, they can petition for a protective order citing both the Penal Code § 16.06 violation and the broader pattern of conduct. Protective orders can restrict your contact with your spouse and children, remove you from your home, and create additional criminal exposure if you violate them.
A violation of a protective order is a Class A misdemeanor for a first offense, but it becomes a third-degree felony if you have prior violations or commit the offense while on bond for a family violence offense.
What About Tracking Your Own Child?
The analysis changes when you’re tracking your minor child’s vehicle rather than your spouse’s. Texas law recognizes parental rights to monitor and supervise children, and most courts would not find a Penal Code § 16.06 violation when a parent tracks a car driven by their underage child.
However, complications arise when:
- The vehicle is owned by the other parent
- A custody order restricts your ability to monitor the child
- The tracking is primarily aimed at monitoring the other parent’s activities
If you’re considering tracking a vehicle used by your child, review any existing custody orders carefully and discuss the situation with an attorney first.
The Criminal Court Process for Tracking Device Charges
If you’re arrested for unlawful installation of a tracking device in Texas, here’s what to expect:
Arrest and booking. You’ll be taken to the county jail for processing. In Tarrant County, this typically means the Lon Evans Corrections Center or the Green Bay facility.
Bond and release. For a Class A misdemeanor, you’ll generally be able to post bond and be released within hours. As noted above, bonds typically range from $1,000 to $2,000 for standalone tracking charges.
Arraignment. You’ll appear in court to receive formal notice of the charges and enter an initial plea. In Tarrant County, misdemeanor cases are handled in the County Criminal Courts.
Pretrial proceedings. Your attorney will review the evidence, file any necessary motions, and begin negotiations with the prosecutor. Key issues often include whether consent existed, who actually owned the vehicle, and whether the tracking was part of a broader pattern.
Resolution. Cases may resolve through dismissal, plea agreement, or trial. The best outcomes often involve pretrial diversion programs or deferred adjudication, which can result in the charge being dismissed from your record.
Our attorneys have successfully defended clients facing tracking device charges, securing dismissals and reductions that protect their criminal records and their rights in related family law proceedings.
What to Expect From Varghese Summersett
Varghese Summersett is one of Texas’s premier criminal defense and family law firms, with offices in Fort Worth, Dallas, Houston, and Southlake. Our team of more than 70 legal professionals includes former prosecutors, board-certified specialists, and attorneys with decades of trial experience.
We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients. Our approach combines aggressive legal advocacy with a clear understanding of how criminal and family law cases intersect.
When you’re facing charges that could affect both your freedom and your family, you need attorneys who understand both sides of the courthouse. We coordinate defense strategies across criminal and family courts to protect all your interests, not just the case in front of one judge.
If you’ve been charged with unlawful installation of a tracking device, stalking, or related offenses, or if you’re concerned about how surveillance activities might affect your divorce or custody case, call us for a free consultation.
Frequently Asked Questions
Can I put a GPS tracker on my spouse’s car if I suspect they’re cheating?
Generally, no. If the vehicle is solely titled in your spouse’s name, installing a tracker without their consent violates Texas Penal Code § 16.06. Even on jointly titled vehicles, prosecutors have pursued charges when one spouse secretly tracks the other, particularly during separation or when court orders grant exclusive vehicle use. The potential benefit of catching evidence of adultery is typically far outweighed by the criminal exposure and damage to your custody case.
What’s the difference between a tracking device charge and a stalking charge?
Unlawful installation of a tracking device is a Class A misdemeanor covering the single act of installing surveillance equipment. Stalking under Texas Penal Code § 42.072 is a felony that requires a pattern of conduct causing the victim to fear for their safety or the safety of a family member. If prosecutors believe your tracking was part of a broader pattern of surveillance, harassment, or intimidation, they may charge both offenses. Stalking carries significantly higher penalties, including potential prison time.
Will my criminal case affect my divorce or custody case?
Yes, almost certainly. Evidence of criminal conduct involving surveillance, tracking, or harassment will be used against you in family court. Texas judges consider factors like emotional stability, respect for boundaries, and history of family violence when making custody determinations. A tracking device charge, even if it results in dismissal, can significantly harm your position in a custody dispute.
Can I track my teenager’s car?
Parents generally have the right to monitor their minor children, including tracking vehicles they drive. However, complications arise if the vehicle is owned by the other parent, if custody orders restrict monitoring, or if the tracking is really aimed at the other parent rather than the child. Review your custody order and consult an attorney before installing any tracking device.
What if I find a tracker on my car?
Document the device with photographs and preserve it as evidence. You may want to file a police report, particularly if you’re in a divorce or custody dispute. Depending on your circumstances, you may be able to seek a protective order against the person who installed it. Consult with both a criminal defense attorney and a family law attorney to understand your options.
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Protect Your Rights and Your Record
A tracking device charge can seem minor on paper, but its consequences ripple through every aspect of your life. Criminal penalties, protective orders, and family court battles can compound quickly. The best defense starts early, before statements are made, before evidence is lost, and before the family court forms opinions based on incomplete information.
Varghese Summersett’s criminal defense and family law teams work together to protect clients facing these interconnected issues. We understand how prosecutors build these cases, how family courts react to surveillance allegations, and how to position you for the best possible outcome in both proceedings.
Call (817) 203-2220 to schedule a free consultation with a defense attorney who handles both criminal and family law matters.