Maybe? If they aren't we should change our laws so that they would be. We don't have to normalize or accept companies wiretapping and spying on people just because spying makes those companies more profit.
Is a tesla spying on you by default and uploading onboard audio and video? If so, yes definitely that is a crime.
If the Tesla is monitoring for whether you are awake behind the wheel and sounds the alarm without that information ever leaving the car, that is another thing entirely.
