NJ A4542

Installing or placing an electronic tracking device or tracking application to track another person's location in order to initiate or facilitate an unlawful act becomes a fourth degree crime, punishable by up to 18 months imprisonment, a fine up to $10,000, or both.

Surreptitious surveillance of another person using tracking devices or applications creates a permissive inference that the conduct was intended to facilitate an unlawful act such as stalking or harassment.

Lawful exceptions include parental tracking of minor children, monitoring individuals with health conditions at risk of injury, tracking personal property during business transactions, employer tracking of employees during work, and business collection of consumer location data disclosed in privacy policies.

Consent to be tracked must be provided in writing for physical devices or through opt-in acceptance for applications, and consent is automatically presumed revoked when divorce/dissolution petitions are filed or when either party applies for a restraining order under domestic violence laws.

State and local government entities and their equipment are exempt from the criminal provisions of this bill.