By State Sen. Mark Messmer (R-Jasper)
On July 1, several new laws went into effect in Indiana.
One of these new laws is Senate Enrolled Act 161, which creates criminal penalties for individuals who use a device, like an Apple AirTag, to track someone, without their knowledge.
A person who places a device on an individual's property, without consent, now commits a Class A misdemeanor.
However, this crime can be elevated to a Level 6 felony if the person has a previous conviction or is the subject of a protective order, and a Level 5 felony if the person uses a tracking device to stalk another person.
The law also makes it clear that a court can prohibit a person from using a tracking device as part of a protective order.
This bill is the result of legislators being made aware of a constituent who was attacked by an ex-boyfriend after he tracked her using a device.
Senate Enrolled Act 161 also allows victim in this situation to have a course of action in order to prosecute those wishing to do them harm.
This law, as well as others approved during the 2023 legislative session, is meant to keep Hoosiers safe from those who wish to harm others.
The legislation received unanimous support through the Indiana General Assembly.
As always, feel free to contact my office directly with your questions and concerns by email at Senator.Messmer@iga.in.gov or by phone at 800-382-9467.
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State Sen. Mark Messmer (R-Jasper) represents Senate District 48, which
includes Crawford, Dubois, Gibson, Perry, Pike and Spencer counties.
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