Is It Illegal to Track Someone With an AirTag in Texas? What You Need to Know

Apple AirTags are small, inexpensive, and remarkably effective at locating lost property. People use them to keep track of luggage, keys, backpacks, bicycles, and other valuables.

But what happens when an AirTag is used to track a person instead of property?

Putting an AirTag in someone's vehicle, purse, backpack, or other belongings without their knowledge can create serious legal problems in Texas. Depending on exactly what happened, an AirTag investigation could potentially involve allegations ranging from unlawful installation of a tracking device to stalking or violation of a protective order.

And there is an important misconception worth clearing up immediately:

Buying an AirTag is legal. Using an AirTag is legal. Secretly using one to monitor another person's movements may not be.

For someone accused of illegally tracking another person in Dallas, Fort Worth, Plano, Frisco, McKinney, Denton, or elsewhere in North Texas, the details matter enormously. Who owned the vehicle? Who placed the tracker? Was there consent? Why was it installed? Was there a protective order? Was the alleged tracking part of a larger course of conduct?

Those questions can determine whether seemingly simple technology becomes evidence in a Texas criminal case.

If you are already under investigation or have been arrested, speaking with an experienced Dallas criminal defense lawyer before answering police questions can be critical.

What Is an Apple AirTag?

An AirTag is a small Bluetooth tracking device manufactured by Apple. It works through Apple's Find My network.

Unlike a traditional GPS tracker with its own cellular connection, an AirTag can communicate with nearby devices participating in the Find My network. That allows its registered owner to obtain information about the AirTag's location.

AirTags have perfectly legitimate uses. Someone might place one inside:

• luggage while traveling;

• a backpack;

• a set of keys;

• expensive equipment;

• a bicycle; or

• other personal property they want to locate if it is lost or stolen.

The legal problem generally isn't the AirTag itself.

The issue is how it is being used.

Can You Legally Use an AirTag to Track a Person in Texas?

There is no universal answer that applies to every situation.

Texas law specifically criminalizes certain installations of electronic or mechanical tracking devices on motor vehicles. Other Texas laws can become relevant when tracking is associated with stalking, family violence, protective orders, bond conditions, or similar circumstances.

That means the statement "tracking someone with an AirTag is illegal in Texas" is too broad.

The better question is:

Under the particular circumstances, did the person's conduct violate a specific Texas criminal statute or court order?

That distinction can become extremely important in a criminal defense case.

Texas Penal Code § 16.06: Unlawful Installation of a Tracking Device

One of the most important statutes in an AirTag case is Texas Penal Code § 16.06, Unlawful Installation of Tracking Device.

Texas law defines an "electronic or mechanical tracking device" broadly as a device capable of emitting an electronic frequency or another signal that can be used to identify, monitor, or record the location of another person or object.

An AirTag can potentially fit within that broad definition.

Under § 16.06, a person commits an offense when the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person. The statute also contains specific affirmative defenses.

That means an allegation that someone secretly placed an AirTag underneath an ex-partner's car can potentially create a Texas criminal case even if the accused never physically followed the vehicle.

For defendants facing allegations involving electronic monitoring as part of a larger pattern of conduct, the case can also overlap with issues commonly seen in Texas stalking and harassment cases.

Is Unlawful Installation of a Tracking Device a Felony in Texas?

Generally, no.

Under Texas Penal Code § 16.06, unlawful installation of a tracking device is generally a Class A misdemeanor.

But calling something "only a misdemeanor" understates the potential consequences.

A Class A misdemeanor is the most serious misdemeanor classification under Texas law and can expose a defendant to:

• up to one year in county jail;

• a fine of up to $4,000;

• probation or community supervision;

• court costs and conditions;

• employment consequences; and

• the long-term consequences associated with a criminal record.

An allegation involving secret tracking can become especially damaging when it arises during a divorce, breakup, child-custody dispute, Texas family violence case, or stalking investigation.

Does Texas Law Require the AirTag to Be Attached to a Car?

The wording of § 16.06 is important.

The statute specifically addresses knowingly installing the tracking device "on a motor vehicle" owned or leased by another person.

That can create important factual and legal questions.

For example, an AirTag allegedly:

• magnetically attached underneath a car;

• hidden behind a license plate;

• concealed inside the vehicle;

• placed in a trunk;

• hidden under a seat; or

• otherwise installed on the vehicle

may present a much more straightforward § 16.06 issue than a tracker placed somewhere else.

Suppose, however, the allegation is that someone slipped an AirTag into another person's purse.

That is a different factual scenario.

The conduct could potentially implicate other laws depending on the circumstances, but a criminal defense lawyer should not automatically assume every instance of unwanted AirTag tracking satisfies every element of § 16.06.

Where the device was placed matters.

What If You Own the Vehicle?

This is one of the first issues a Texas criminal defense attorney should investigate.

Section 16.06 applies when someone knowingly installs the device on a motor vehicle owned or leased by another person.

Ownership and leasing records can therefore become highly significant.

Consider a situation where a couple shares use of a vehicle but the title is in only one person's name. Or a parent owns a car routinely driven by an adult child. Or a business owns a vehicle assigned to an employee.

Those situations can create factual and legal questions that are very different from secretly placing a tracker on a stranger's car.

Never assume that having regular access to a vehicle automatically answers the ownership, consent, or tracking-device questions under Texas law.

What If the Other Person Consented to the AirTag?

Consent can be extremely important.

Texas Penal Code § 16.06 provides an affirmative defense under certain circumstances when the person obtained the effective consent of the owner or lessee of the motor vehicle before the tracking device was installed.

That means evidence showing consent may become central to the defense.

Potential evidence could include text messages, emails, previous conversations, shared tracking arrangements, family practices, or other evidence establishing what the parties agreed to.

The timing matters as well.

The statutory language refers to consent obtained before installation.

This is one reason defendants should preserve potentially favorable text messages, emails, and account records rather than deleting communications after learning about an investigation.

What About Tracking Your Spouse With an AirTag?

This is where people can make dangerous assumptions.

Being married does not mean every form of electronic tracking is automatically lawful.

Vehicle ownership, leasing, consent, protective orders, pending divorce proceedings, and the circumstances surrounding the tracking can all matter.

Texas family law also recognizes concerns surrounding electronic tracking. Certain court orders in family cases may prohibit a party from tracking or monitoring personal property or a motor vehicle in another party's possession without effective consent, including through a tracking application or tracking device.

So someone going through a divorce or separation should be particularly cautious about using an AirTag to determine where a spouse is going.

What may feel like "finding out the truth" can become evidence in another legal proceeding.

And if there is already a family-violence allegation, an AirTag dispute can potentially complicate the underlying Texas family violence criminal case.

AirTags and Texas Stalking Charges

An AirTag allegation can become more serious when the tracking is allegedly part of repeated unwanted conduct.

Texas Penal Code § 42.072 defines the criminal offense of stalking. The statute generally addresses repeated conduct occurring on more than one occasion as part of the same scheme or course of conduct directed toward a particular person when the statutory requirements are satisfied.

An AirTag could potentially become one piece of evidence prosecutors attempt to use in proving a larger alleged course of conduct.

Imagine an accusation involving:

• repeated unwanted appearances at someone's home or workplace;

• threatening communications;

• unwanted phone calls or messages;

• following the person;

• discovering an AirTag on the person's vehicle; and

• evidence allegedly showing the accused knew where the person was traveling.

Prosecutors may try to present all of those facts together rather than treating the AirTag as an isolated event.

That does not mean discovering an AirTag automatically establishes stalking.

Texas stalking has specific statutory elements that the State must prove. Anyone accused of this type of conduct should speak with a Texas criminal defense attorney experienced with stalking and harassment allegations about the particular evidence in the case.

AirTags, Protective Orders, and Family Violence Cases

Tracking allegations become particularly serious when there is already a protective order, emergency protective order, family-violence case, or related bond condition.

Texas law expressly contemplates court restrictions against tracking or monitoring protected persons.

A magistrate's order for emergency protection, for example, may prohibit tracking or monitoring personal property or a motor vehicle in the possession of a protected person without that person's effective consent, including through a tracking application or tracking device.

Similar restrictions can potentially arise through bond conditions and other court orders.

That means an AirTag allegation may not remain an isolated tracking-device investigation.

If a defendant is already subject to a court order, prosecutors may investigate whether the alleged tracking also constitutes a violation of a Texas protective order or another criminal offense.

The exact language of the order matters. A defense lawyer should obtain and carefully review the actual order rather than relying solely on a police report's characterization of what it prohibits.

Can Police Use Tracking Devices?

Law enforcement operates under a different legal framework.

Texas Code of Criminal Procedure Chapter 18B establishes procedures through which law enforcement can seek judicial authorization to install and use mobile tracking devices.

A district judge may issue an order for installation and use of a mobile tracking device based on an application from an authorized peace officer when the statutory requirements are met.

That is fundamentally different from a private citizen secretly placing an AirTag on another person's vehicle.

Issues involving warrants, searches, electronic evidence, and police investigative techniques may also create constitutional questions that an experienced Dallas criminal defense attorney should evaluate.

Can Someone Find Out Who Owns an AirTag?

Potentially, yes—and this is one reason people should not assume an AirTag provides anonymity.

Apple has implemented anti-stalking features into its tracking ecosystem.

Compatible phones can provide notifications when an unknown tracking device appears to be moving with someone. Apple and Google have also worked on industry standards designed to identify unwanted Bluetooth trackers.

If someone discovers an AirTag, an NFC-capable smartphone can potentially retrieve identifying information about the device.

Information associated with an AirTag may also become relevant to law enforcement during a criminal investigation.

In other words:

An AirTag discovered underneath someone's car may become physical evidence.

AirTag Evidence Can Be More Complicated Than It Looks

Finding an AirTag does not necessarily answer every question required for a criminal conviction.

Prosecutors may still need evidence addressing questions such as:

Who purchased it?

Who registered it?

Who physically installed it?

When was it installed?

Who owned or leased the vehicle?

Was there consent?

Who had access to the location information?

Did someone else have access to the relevant Apple account?

Was the AirTag actually being used to monitor the complaining witness?

Was the device placed on the vehicle intentionally?

These distinctions can become crucial.

Evidence that an AirTag is associated with someone's account is not necessarily identical to proof that the person knowingly installed the device on a particular vehicle.

The State must prove the elements of the charged offense beyond a reasonable doubt.

How Police May Investigate an AirTag Tracking Allegation

An AirTag investigation can produce considerably more digital evidence than many defendants expect.

Depending on the case and the lawful investigative methods available, investigators may seek or collect evidence involving:

• the physical AirTag;

• the AirTag serial number;

• photographs showing where it was discovered;

• Apple account information;

• purchase records;

• credit-card transactions;

• surveillance video;

• cellphone evidence;

• text messages;

• emails;

• admissions;

• witness statements;

• vehicle ownership records;

• location information;

• protective orders;

• divorce records; and

• previous police reports.

This is another reason an accused person should not start deleting messages, destroying devices, removing account information, or attempting to "clean up" digital evidence after learning about an investigation.

Doing so can make an already difficult situation significantly worse.

Instead, contact a criminal defense lawyer in Dallas who can evaluate what evidence should be preserved and how to respond to the investigation.

"But It Was My AirTag" Is Not Necessarily a Defense

Ownership of the tracking device and ownership of the property being tracked are two separate questions.

A defendant saying:

"The AirTag belonged to me."

does not necessarily resolve the issue.

The State's theory may be that the defendant knowingly used their AirTag to track a vehicle belonging to somebody else.

Conversely, evidence that an AirTag was registered to a defendant does not necessarily prove the defendant was the person who installed it.

Criminal cases turn on evidence, not assumptions.

What If You Put an AirTag in Your Own Property?

This is where context becomes critical.

There is an obvious difference between placing an AirTag inside your own suitcase before flying to Europe and secretly attaching one to another person's vehicle.

The technology is the same.

The purpose, property, consent, and circumstances are different.

Someone who puts an AirTag on a valuable piece of equipment because they are concerned about theft presents a different situation from someone allegedly hiding one underneath an ex-partner's car to determine where that person goes every night.

Texas criminal law focuses on the defendant's conduct and the statutory elements—not simply the brand name of the device involved.

AirTags and Dating Relationships

Some of the most difficult AirTag cases can arise after romantic relationships end.

One person may believe:

• "We always shared our locations."

• "I bought the car."

• "We used Find My throughout our relationship."

• "She knew I had trackers."

• "He gave me permission months ago."

• "I was trying to find my property."

The other person may tell police:

• "I never agreed to this."

• "I found it after we broke up."

• "He kept appearing wherever I went."

• "She was monitoring me."

• "I was afraid."

Those competing accounts demonstrate why AirTag cases can become highly fact-specific.

The existence or end of a relationship does not eliminate the need to carefully analyze ownership, consent, knowledge, timing, and the precise conduct alleged.

When accusations arise between spouses, dating partners, former partners, or family members, the resulting investigation may also involve family violence charges in Texas or allegations of stalking.

What Should You Do If Police Accuse You of Tracking Someone With an AirTag?

Do not assume that explaining everything immediately will make the problem disappear.

Statements made during an investigation can become evidence.

If a detective calls and says something like:

"We found an AirTag registered to you. We just want to hear your side."

that is a significant development.

Questions that sound harmless may be designed to establish important elements of the offense:

"Is this your AirTag?"

"Did you buy it?"

"Did you put it on the car?"

"Did you know whose car it was?"

"Why were you tracking her?"

"How long had it been there?"

"Did she know about it?"

A person may believe they are explaining an innocent situation while simultaneously supplying investigators with evidence they previously lacked.

Speaking with an experienced Dallas criminal defense lawyer before giving a statement can be critical.

Possible Defenses to an AirTag Tracking Charge in Texas

There is no single defense that applies to every tracking-device case.

Depending on the facts, a defense investigation might examine several important issues.

Consent

Did the owner or lessee give effective consent before installation?

Texas law expressly recognizes effective consent as an affirmative defense in specified circumstances.

Text messages, emails, location-sharing history, and other communications could potentially become important evidence.

Vehicle Ownership or Leasing

Does the vehicle actually qualify as a motor vehicle "owned or leased by another person" under the statute?

Titles, financing agreements, leases, registration records, and other ownership evidence may matter.

Identity

Can prosecutors prove who actually installed the AirTag?

Registration and installation are not necessarily the same thing.

Knowledge

The statute requires knowing conduct.

The circumstances surrounding possession and installation may therefore matter.

Whether the Device Was "Installed" on the Vehicle

The precise location and circumstances in which the AirTag was discovered can matter when evaluating the statutory language.

Reliability and Authentication of Digital Evidence

Who obtained the electronic records?

How were they preserved?

What exactly do they establish?

Can they be authenticated?

Do they prove installation, or merely account registration?

Insufficient Evidence

Suspicion is not proof beyond a reasonable doubt.

Every element of the charged offense must be established.

A Texas criminal defense attorney can investigate these issues before determining which defense strategy makes sense for a particular case.

Why AirTag Cases May Become More Common

Tracking technology is becoming smaller, cheaper, and easier to use.

At the same time, detection technology is improving.

Modern smartphones can detect certain unknown Bluetooth tracking devices that appear to be traveling with a person.

That combination creates an unusual environment:

Tracking devices are extremely easy to deploy—but increasingly difficult to keep secret.

A person who might once have secretly followed someone's vehicle may now be accused of accomplishing the same objective electronically.

And unlike traditional surveillance, electronic tracking can potentially leave behind both physical and digital evidence.

AirTag Tracking Charges in Dallas and North Texas

AirTag investigations can arise in virtually any type of personal dispute, but they may be particularly likely in cases involving:

• divorces;

• separations;

• dating relationships;

• child-custody disputes;

• family violence;

• workplace disputes;

• allegations of infidelity;

• stalking investigations; and

• disputes involving ownership of vehicles or property.

Texas Defenders represents people accused of criminal offenses throughout Dallas County, Tarrant County, Collin County, Denton County, and surrounding North Texas counties.

That includes defendants in Dallas, Fort Worth, Plano, Frisco, McKinney, Denton, Cedar Hill, Duncanville, DeSoto, and surrounding communities.

If an AirTag allegation is connected to a relationship or domestic dispute, it is particularly important to have an attorney evaluate whether the investigation could expand into family violence charges, stalking or harassment allegations, or an alleged protective order violation.

Early legal representation can make a significant difference.

Digital evidence can disappear. Surveillance video can be overwritten. Text-message context can be lost. Witness memories can change.

A defense investigation should begin as early as possible.

Charged With Unlawful Installation of a Tracking Device in Dallas?

If you have been arrested, contacted by police, or accused of using an AirTag, GPS tracker, Find My device, or another electronic device to track someone in Texas, the allegations should be taken seriously.

The criminal defense lawyers at Texas Defenders represent people accused of criminal offenses throughout North Texas.

An AirTag appearing in an investigation does not automatically establish a crime.

The State still has to prove the applicable criminal offense beyond a reasonable doubt.

Texas Defenders can investigate issues involving:

• vehicle ownership;

• consent;

• device registration;

• digital evidence;

• who actually installed the device;

• witness credibility;

• protective orders;

• stalking allegations;

• family-violence allegations; and

• the circumstances surrounding how the tracking device was allegedly installed.

If police are investigating you for allegedly tracking someone with an AirTag, consider speaking with a lawyer before giving investigators a statement.

Texas Defenders
3302 Swiss Circle
Dallas, Texas 75204
214-306-9696

Frequently Asked Questions About AirTags and Tracking in Texas

Is it illegal to put an AirTag on someone's car in Texas?

It can be. Texas Penal Code § 16.06 generally makes it a Class A misdemeanor to knowingly install an electronic or mechanical tracking device on a motor vehicle owned or leased by another person, subject to statutory defenses and the particular facts of the case.

Is an AirTag considered a tracking device under Texas law?

Texas defines an electronic or mechanical tracking device broadly as a device capable of emitting a signal that may be used to identify, monitor, or record the location of another person or object. An AirTag can potentially fall within that definition.

Can I put an AirTag on my spouse's car in Texas?

Do not assume marriage automatically makes tracking lawful. Vehicle ownership or leasing, effective consent, divorce orders, protective orders, and other circumstances can affect the legal analysis.

Can using an AirTag lead to a stalking charge?

Potentially. An AirTag does not automatically establish stalking, but alleged electronic tracking may become evidence in a stalking investigation when it is part of a broader repeated course of conduct satisfying the requirements of Texas law.

Someone facing that type of accusation should speak with a criminal defense attorney about Texas stalking charges as early as possible.

Can police identify who owns an AirTag?

Potentially. An AirTag has a unique serial number, and information associated with the device may become relevant during a law-enforcement investigation.

But proving who registered or purchased an AirTag is not necessarily the same thing as proving who physically installed it on a particular vehicle.

What happens if someone finds an AirTag tracking them?

Modern smartphones may provide unwanted-tracking notifications. A discovered AirTag can potentially provide identifying information about the device and may become physical evidence in a police investigation.

What should I do if a detective contacts me about an AirTag?

Take the investigation seriously.

Statements about who bought, registered, possessed, or installed the AirTag could become important evidence. Consider consulting a Dallas criminal defense attorney before making a statement to investigators.