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Ohio House, Senate introduce bills to criminalize use of tracking devices without consent

As Ohio law currently stands, it is not illegal to install a tracking device or application on someone else’s property without their consent.

COLUMBUS, Ohio — A bill that would stop a person from tracking another without their consent had its second hearing at the Statehouse this week. The idea of the bill, sponsored by Rep. Thomas Patton, gained momentum after several cases of people using Apple Airtags to track people have emerged.

House Bill No. 91 is very similar to another bill in the Senate, sponsored by Sen. Nathan Manning and Sen. Nickie Antonio. As Ohio law currently stands, it is not illegal to install a tracking device or application on someone else’s property without their consent.

"When you have people using them in a criminal manner, then we have to address that as a criminal act,” Rep. Patton said.

Tracking devices like Apple AirTags are commonly used to help people keep track of their belongings like car keys and bags. But some people have found other, more invasive uses for them.

"These somewhat nefarious type people had access to being able to plant an air tag in the back of a car, attach it to a bumper, if they have a big enough purse, just drop it in a purse,” Rep. Patton said.

Rep. Patton’s bill would make the crime a first degree misdemeanor, meaning violators could face up to six months in prison and a maximum $1,000 fine. Both the house and senate bills come with some exceptions.

"Obviously, parents to be able to track their kids for safety reasons, you know, even adults who track their senior parents who might be getting a little forgetful,” Rep. Patton said.

There’s proof of the dangers of these devices in Ohio. Last year, Kar’mell Triplett, of Akron, said she was tracked for 24 hours by her ex-boyfriend. Triplett said he attached an AirTag underneath her car bumper with a magnet.

Fortunately, Triplett was notified by her iPhone that she was being tracked. But as for charges, there wasn’t much police could do, which is why lawmakers are now hoping to change that.

Even if the bill passes, Rep. Patton said its important to always be paying attention.

“You always have to be diligent, and you always have to be on guard of your surroundings and your circumstances,” Rep. Patton said.

Both bills are still in early stages, but Rep. Patton is hopefully if the bill passes the House and Senate, it could be signed into law by Gov. DeWine by the end of this year.

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