South Carolina H 3059: Unlawful Tracking

Bill Text

2025-2026 Bill 3059 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3059

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-17-485 SO AS TO DEFINE THE TERM "TRACKING DEVICE", TO CREATE THE OFFENSE OF 
UNLAWFUL TRACKING, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 7, Chapter 17, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-17-485. (A) As used in this section, the term:

 (1) "Motor 
vehicle" means as defined in Section 56-1-10.

 (2) "Tracking 
device" means an electronic device including, but not limited to, a global 
positioning system tracking device that is designed or intended for use to 
track the location of a motor vehicle regardless of whether that information is 
recorded.

 (B) It 
is unlawful for a person including, but not limited to, a law enforcement 
officer or other employee of a law enforcement agency or a person associated 
with, or employed by, a security or private investigative business to:

 (1) install 
or place a tracking device, or cause a tracking device to be installed or 
placed, in or on a motor vehicle without the knowledge and consent of the owner 
of the motor vehicle or, if the motor vehicle is leased, without the knowledge 
and consent of the lessee of the motor vehicle; and

 (2) track 
the location of a motor vehicle with a tracking device without the knowledge 
and consent of either the owner or the authorized operator of the motor 
vehicle.

 (C) A 
person who violates the provisions of this section is guilty of a misdemeanor 
and, upon conviction, must be fined not more than five hundred dollars or 
imprisoned for not more than one year.

 (D) The 
provisions of this section do not apply to the installation or use of a 
tracking device:

 (1) that 
provides motor vehicle tracking for purposes of providing mechanical, 
operational, directional, navigational, weather, or traffic information to the 
operator of the motor vehicle;

 (2) that 
provides emergency assistance to the operator or passengers of the motor 
vehicle under the terms and conditions of a subscription service;

 (3) that 
provides missing vehicle assistance for the benefit of the owner or operator of 
the motor vehicle;

 (4) that 
provides diagnostic services regarding the mechanical operation of a motor 
vehicle under the terms and conditions of a subscription service;

 (5) when 
the lessee of the motor vehicle is given written notice from the lessor that 
the motor vehicle may be tracked through the use of a tracking device and this 
notice is signed by the lessee; or

 (6) by 
a parent or legal guardian of a person under the age of eighteen on a motor 
vehicle owned or leased by that parent or legal guardian or the person under 
the age of eighteen and operated by him.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:09 AM