After a 2-year campaign by 3News Investigates, new legislation is now ready for Gov. Mike DeWine to sign into law.
COLUMBUS, Ohio — Ohio is set to close a dangerous legal loophole that has allowed digital stalking to go unchecked, thanks to approved legislation that will ban unauthorized electronic tracking. The bill, which passed the final hurdles in the Ohio Senate on Wednesday, now awaits Gov. Mike DeWine’s signature.
The legislation stems from a two-year effort by 3News Investigates that revealed how easily stalkers could track victims using small, inexpensive devices like Apple AirTags, and exposed loopholes in Ohio’s stalking laws that allowed stalkers to track unsuspecting victims, undeterred.
The bill represents a significant victory for victim safety, addressing a critical gap in existing stalking laws. Sen. Nathan Manning (R-North Ridgeville) highlighted the importance of the legislation, crediting 3News Investigates’ Lynna Lai for bringing the issue to light. “We didn’t realize that this wasn’t illegal. It was a loophole, so certainly we appreciate her and all the advocates,” Manning said.
The two-year effort by 3News Investigates first exposed the vulnerability in Ohio’s legal system in 2022, through the case of an Akron woman whose ex-boyfriend secretly tracked her movements by placing an AirTag under her car bumper. At the time, prosecutors struggled to pursue charges because existing laws required a “pattern of behavior,” meaning a stalker could use a tracking device just once without serious legal consequences.
Bipartisan support was crucial to the bill’s success. Democratic Minority Leader Nickie Antonio from Lakewood and Manning worked together to craft legislation that addresses the technological threat of digital tracking.
The new law includes important exceptions for legitimate tracking scenarios, such as law enforcement investigations, parents monitoring minors, and caregivers responsible for elderly individuals. This approach is intended to ensure that the legislation protects individual privacy while maintaining necessary safeguards for vulnerable populations.
Digital tracking technology has become increasingly sophisticated and affordable, making unauthorized surveillance easier than ever. Devices like Apple AirTags, which are small and relatively inexpensive, can be easily hidden to monitor someone’s location without their knowledge. The 3News Investigates reports revealed how these technologies could be weaponized by stalkers, creating a urgent need for legal protections.
DeWine is expected to sign the bill within the next 10 days, officially closing the legal loophole that has left many potential victims vulnerable. The legislation represents a significant step forward in updating Ohio’s laws to match the rapid pace of technological change.
The Ohio Senate unanimously passed Senate Bill 100 last year, but the House on Tuesday unanimously passed a version of the bill with expanded exceptions, along with unrelated amendments.
PREVIOUS: Ohio House passes bill banning unwanted electronic tracking after 2-year effort by 3News Investigates
Then on Wednesday, the Senate approved the revisions with a 30-1 vote, sending the measure to Gov. DeWine.
If signed into law, Ohio would join at least 17 other states to implement such protections.
The bill includes several important exceptions to allow tracking in specific scenarios, such as:
- Law enforcement investigations
- Parents tracking minor children (with detailed consent provisions)
- Caregivers of elderly or disabled adults (with medical certification)
- Business entities for legitimate purposes
- Vehicle owners tracking their own vehicles
- Private investigators under specific legal constraints
“There’s a whole list of folks here who are allowed to track people, like law enforcement,” explained Rep. Cindy Abrams (R-Hamilton), to fellow representatives ahead of the House vote. “And don’t worry — all the parents in the room who have tracking apps on their kids, like I do, when they’re minors. Obviously, when they’re adults, they’ll have to consent to that. And caregivers of the elderly, if their physician signs off on that.”
The House tacked on unrelated amendments to SB 100, a tactic that is especially common during lame duck sessions as lawmakers attempt to fast-track legislation before the General Assembly concludes at the end of the year. The unrelated amendments deal with sales of tobacco to minors, and allow law enforcement to perform oral fluid testing for impaired driving.
Tobacco sales regulations
The bill introduces a more stringent penalty structure for selling tobacco to minors:
- Escalating fine schedule for repeat offenses
- First offense: up to $250
- Fifth or subsequent offense: $1,500
- Businesses with repeated violations can be declared a public nuisance
- Maintains existing misdemeanor classifications
Oral fluid testing for impaired driving
The legislation authorizes law enforcement to:
- Collect oral fluid samples from individuals arrested for operating a vehicle under the influence.
- Use oral fluid tests as evidence of potential impairment.
- Implement “implied consent” for testing, similar to existing blood and breath tests.
The oral fluid testing provision is designed to provide an additional method for detecting drug impairment, complementing existing testing protocols. While the tests cannot specify drug concentration, they can detect the presence and type of drugs.
