Nebraska
Nebraska Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 9 primary sources cited on this page. How we verify our legal content

Nebraska permits security cameras in public and common areas where no reasonable expectation of privacy exists but prohibits recording in private spaces under Neb. Rev. Stat. 28-311.08. Audio recording requires one-party consent under Neb. Rev. Stat. 86-290. No single statute covers all camera use; several laws work together.
Overview of Nebraska Surveillance Camera Laws
Nebraska does not have a single comprehensive surveillance camera statute. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include Neb. Rev. Stat. 28-311.08 (unlawful intrusion and recording of intimate areas), Neb. Rev. Stat. 86-290 (unlawful interception of communications), Neb. Rev. Stat. 20-203 (invasion of privacy), and Neb. Rev. Stat. 28-311.03 (stalking).
The foundation of Nebraska surveillance law is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras capture images or audio in private spaces without consent.
Nebraska follows a one-party consent rule for audio recording. This means at least one person involved in a conversation must consent to the recording. Video-only recording in public or common areas does not require consent, but pointing a camera into a private space where someone expects privacy can violate state law.
Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights.
Home Security Camera Laws in Nebraska
Nebraska law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.

Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying overnight
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Under Neb. Rev. Stat. 28-311.08, it is unlawful to knowingly intrude upon any other person without consent in a place of solitude or seclusion. Violating this provision for a first offense is a Class I misdemeanor. A second or subsequent offense is elevated to a Class IV felony.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Nebraska. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and video recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Nebraska law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In Nebraska, audio recording is governed separately from video recording under Neb. Rev. Stat. 86-290. Nebraska follows a one-party consent rule, meaning you can legally record a conversation if you are a participant or if one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the law is less clear. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. This provides notice and allows anyone who continues a conversation within range of the camera to give implied consent.
Workplace Surveillance Camera Laws in Nebraska
Nebraska does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law and common-law privacy principles when installing cameras at work.
What Employers Can Do
Employers may install video surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for security
Nebraska law under Neb. Rev. Stat. 86-290 contains an employer exception, but it governs communications, not video cameras. Subsection (2)(a) provides that it is not unlawful for an employer on its business premises, for an operator of a switchboard, or for an officer, employee, or agent of a communications provider to intercept, disclose, or use a communication in the normal course of employment while engaged in any activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier or provider.
The same subdivision attaches a condition that is easy to miss. Such employers and providers shall not utilize service observing or random monitoring except for mechanical, service quality, or performance control checks, and only as long as reasonable notice of the policy of random monitoring is provided to their employees. Video-only surveillance is not covered by this exception at all; it is governed by the general privacy principles described in this section.
What Employers Cannot Do
Even without a specific workplace surveillance statute, employers face restrictions based on privacy tort law and federal guidelines:
- Restrooms and changing areas are always off-limits for surveillance
- Break rooms may raise privacy concerns depending on the circumstances
- Union meeting areas are protected under the National Labor Relations Act
- Private offices where employees have a reasonable expectation of privacy may require notice
- Locker rooms and any space where employees change clothing
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with Neb. Rev. Stat. 86-290. Since Nebraska is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.
The Nebraska Workplace Privacy Act
Nebraska's Workplace Privacy Act (Neb. Rev. Stat. 48-3501 through 48-3511) does not directly address cameras, but it does establish important boundaries for employer monitoring. Under this law, employers cannot request passwords or login credentials for employees' personal online accounts, require employees to log in to personal accounts while being observed, or take adverse action against employees who refuse these demands.
However, employers retain the right to monitor employer-provided devices and networks, access work-related accounts, and investigate suspected misconduct on personal accounts when specific evidence exists. Employees who believe their employer has violated the Workplace Privacy Act may file a civil action within one year of the violation, seeking injunctive relief, damages, and reasonable attorney's fees.
Employee Notification Best Practices
While Nebraska does not require employers to notify employees of video-only surveillance in common areas, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims under Neb. Rev. Stat. 20-203.
Hidden Cameras and Unlawful Intrusion Laws
Nebraska takes hidden camera crimes seriously. The state's primary statute addressing voyeurism and hidden camera offenses is Neb. Rev. Stat. 28-311.08.
Neb. Rev. Stat. 28-311.08: Unlawful Intrusion
This statute makes it unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. The criminal provision contains no "highly offensive to a reasonable person" element. That qualifier belongs to the separate civil claim under Neb. Rev. Stat. 20-203, not to the crime. The law covers several specific offenses with escalating penalties.
Photographing or Recording Intimate Areas
Subsection (2) of section 28-311.08 makes it unlawful to knowingly and intentionally photograph, film, or otherwise record an image or video of the intimate area of another person without that person's knowledge and consent, when the intimate area would not be generally visible to the public. The statute defines an intimate area as the naked or undergarment-clad genitalia, pubic area, buttocks, or female breast of an individual. The offense applies whether the person recorded is in a public or a private place, but only where the intimate area was not already generally visible to the public.
For example, using a hidden camera in a shoe or bag to record up someone's clothing in a store would violate this law, even though the store itself is a public place.
Distribution of Non-Consensual Recordings
The law also prohibits distributing or making public any intimate recording made without consent. Sharing such recordings carries significantly harsher penalties than the initial recording. Under subsection (3), distributing non-consensual intimate recordings is a Class IIA felony for a first or second offense and a Class II felony for subsequent offenses. A Class IIA felony carries up to 20 years in prison, while a Class II felony carries 1 to 50 years.
Threats to Distribute
Threatening to distribute non-consensual intimate recordings in order to intimidate or harass the victim is a separate offense under subsection (5) of the statute. This is classified as a Class I misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
Sex Offender Registration
Defendants who are 19 years old or older and are convicted under subsections (1), (2), or (3) of Neb. Rev. Stat. 28-311.08 when the victim is under 18 years old must register under the Sex Offender Registration Act. This requirement adds a significant long-term consequence to hidden camera convictions involving minors.
Penalties for Hidden Camera and Unlawful Intrusion Offenses
| Offense | Statute | Classification | Max Prison | Max Fine |
|---|---|---|---|---|
| Unlawful intrusion (1st offense) | 28-311.08(1) | Class I Misdemeanor | Up to 1 year | $1,000 |
| Unlawful intrusion (2nd+ offense) | 28-311.08(1) | Class IV Felony | Up to 2 years | $10,000 |
| Recording intimate areas without consent | 28-311.08(2) | Class IV Felony | Up to 2 years | $10,000 |
| Distributing non-consensual recordings (1st/2nd) | 28-311.08(3) | Class IIA Felony | Up to 20 years | N/A |
| Distributing non-consensual recordings (3rd+) | 28-311.08(3) | Class II Felony | 1 to 50 years | N/A |
| Distributing intimate images without consent (1st offense) | 28-311.08(4) | Class I Misdemeanor | Up to 1 year | $1,000 |
| Distributing intimate images without consent (2nd+ offense) | 28-311.08(4) | Class IV Felony | Up to 2 years | $10,000 |
| Threatening to distribute recordings | 28-311.08(5) | Class I Misdemeanor | Up to 1 year | $1,000 |
Audio Recording Laws (One-Party Consent)
Nebraska is a one-party consent state for audio recording. Neb. Rev. Stat. 86-290 governs the interception and recording of wire, electronic, and oral communications.
What the Law Says
It is unlawful to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication. However, the law provides an exception when the person recording is a party to the communication or when one of the parties to the communication has given prior consent to the interception.
This exception does not apply if the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or any state.
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.
However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so constitutes illegal wiretapping under Nebraska law.
Penalties for Illegal Recording
Violating Neb. Rev. Stat. 86-290 is generally a Class IV felony, punishable by up to 2 years in prison, 12 months of post-release supervision, a fine of up to $10,000, or both imprisonment and a fine.
There are reduced penalties for certain first offenses:
- First offense involving unencrypted radio communications (not cellular): Class I misdemeanor (up to 1 year in jail, $1,000 fine)
- First offense involving cellular or paging communications: Class III misdemeanor (up to 3 months in jail, $500 fine)
Civil Remedies for Illegal Recording
Victims of illegal recording in Nebraska have the right to pursue civil action under Neb. Rev. Stat. 86-297. A person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of the law may recover:
- Equitable or declaratory relief
- The greater of actual damages plus any profits gained by the violator, or $100 per day of the violation with a minimum of $10,000
- Reasonable attorney's fees and litigation costs
Civil actions must be filed within two years of the date the victim first discovered or had a reasonable opportunity to discover the violation.
Exceptions to the Recording Law
- Law enforcement acting under judicial authorization may intercept communications in criminal investigations
- Employers on their business premises may intercept, disclose, or use communications in the normal course of employment when necessary for service or property protection, but may not use service observing or random monitoring except for mechanical, service quality, or performance control checks with reasonable notice of that policy to employees
- Communications providers may intercept communications as a necessary part of their service
- Publicly accessible electronic communications may be intercepted
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in Nebraska. The law provides guidance on resolving these disputes.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Nebraska law if it:
- Is deliberately aimed to look inside your home through windows
- Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
Nebraska's invasion of privacy statute, Neb. Rev. Stat. 20-203, provides a civil remedy for anyone who is subjected to trespass or intrusion upon their solitude or seclusion when the intrusion would be highly offensive to a reasonable person. The statute states the liability rule only and does not itself enumerate damages. Nebraska case law construing it, Sabrina W. v. Willman, 4 Neb. App. 149, 540 N.W.2d 364 (1995), describes recoverable damages as general damages for harm to the privacy interest, damages for mental suffering, special damages, and nominal damages if no other damages are proven.
Additionally, if a neighbor uses security cameras to engage in a pattern of harassment or intimidation, this conduct could fall under Nebraska's stalking statute, Neb. Rev. Stat. 28-311.03. The penalty is set by a separate section: under Neb. Rev. Stat. 28-311.04, as amended by Laws 2026, LB935 and operative July 18, 2026, a violation of section 28-311.03 is a Class IIIA felony. Under Neb. Rev. Stat. 28-105, a Class IIIA felony carries up to 3 years in prison plus up to 18 months of post-release supervision, a fine of up to $10,000, or both.
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position.
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Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of Neb. Rev. Stat. 28-311.08 carry criminal penalties.
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Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit under Neb. Rev. Stat. 20-203 if a neighbor's camera is deliberately aimed to capture your private activities.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in Nebraska
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are generally legal in Nebraska with some important restrictions.
Legal Requirements for Nanny Cams
Nebraska does not have a specific statute addressing nanny cams. The legality of using hidden cameras to monitor a caregiver is governed by the general surveillance and privacy laws discussed throughout this guide. Video-only nanny cams in common areas of your home are legal because there is no reasonable expectation of privacy in shared living spaces.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (in common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver changes clothes or has a reasonable expectation of privacy
Placing a camera in these areas could violate Neb. Rev. Stat. 28-311.08, which prohibits knowingly intruding upon another person in a place of solitude or seclusion.
Audio on Nanny Cams
If your nanny cam records audio, Nebraska's one-party consent law under Neb. Rev. Stat. 86-290 applies. Since you are not present during the conversations being recorded and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute.
The safest approach is to either disable audio recording or inform the caregiver in writing that audio and video recording takes place in the home. If you inform the caregiver and they continue to work in your home, their continued presence can be considered implied consent.
Best Practices for Nanny Cams
While not legally required for video-only recording, transparency with your caregiver is recommended. Consider disclosing the presence of cameras (without necessarily revealing exact locations) and including a monitoring disclosure in your employment agreement. This builds trust and reduces the risk of legal disputes.
Invasion of Privacy: Civil Liability
Nebraska provides civil remedies for invasion of privacy through two key statutes.
Neb. Rev. Stat. 20-203: Intrusion Upon Seclusion
Neb. Rev. Stat. 20-203 establishes civil liability for any person, firm, or corporation that trespasses or intrudes upon a natural person in their place of solitude or seclusion, if the intrusion would be highly offensive to a reasonable person. The statute goes no further than that liability rule and does not itself list damages. Under Nebraska case law construing it, Sabrina W. v. Willman, 4 Neb. App. 149, 540 N.W.2d 364 (1995), recoverable damages include:
- General damages for harm to the plaintiff's privacy interest
- Damages for mental suffering
- Special damages
- Nominal damages if no other damages are proven
Neb. Rev. Stat. 20-204: False Light
Neb. Rev. Stat. 20-204 addresses situations where surveillance footage is used to portray someone in a false light. Any person, firm, or corporation that gives publicity to a matter concerning a natural person that places that person before the public in a false light is subject to liability if the false light would be highly offensive to a reasonable person and the actor had knowledge of or acted in reckless disregard as to the falsity.
This statute could apply, for example, if someone selectively edited surveillance footage to make it appear that a person was engaged in wrongful conduct and then distributed that footage publicly.
HOA and Local Regulations
In addition to state law, homeowners in Nebraska may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.
HOA Camera Rules
Nebraska does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Local Ordinances
Some Nebraska cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances.
Penalties Summary for Surveillance Violations in Nebraska
| Violation | Statute | Classification | Max Prison/Jail | Max Fine |
|---|---|---|---|---|
| Unlawful intrusion (1st offense) | 28-311.08(1) | Class I Misdemeanor | Up to 1 year | $1,000 |
| Unlawful intrusion (2nd+ offense) | 28-311.08(1) | Class IV Felony | Up to 2 years | $10,000 |
| Recording intimate areas without consent | 28-311.08(2) | Class IV Felony | Up to 2 years | $10,000 |
| Distributing non-consensual recordings (1st/2nd) | 28-311.08(3) | Class IIA Felony | Up to 20 years | N/A |
| Distributing non-consensual recordings (3rd+) | 28-311.08(3) | Class II Felony | 1 to 50 years | N/A |
| Illegal wiretapping/recording | 86-290 | Class IV Felony | Up to 2 years | $10,000 |
| Illegal recording (unencrypted radio, 1st offense) | 86-290 | Class I Misdemeanor | Up to 1 year | $1,000 |
| Stalking via camera harassment | 28-311.04 | Class IIIA Felony | Up to 3 years | $10,000 |
| Threatening to distribute recordings | 28-311.08(5) | Class I Misdemeanor | Up to 1 year | $1,000 |
Related Nebraska Camera and Privacy Laws
- Nebraska Recording Laws covers the consent rule that governs camera audio in Nebraska.
- Nebraska Security Camera Recording Rules explains the recording-law side of camera use.
- Nebraska Biometric Privacy Laws addresses facial recognition and biometric data.
- Nebraska Ring Doorbell Laws covers video doorbell rules in Nebraska.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
More Nebraska Laws
Frequently Asked Questions
Are home security cameras legal in Nebraska?
Yes. Nebraska homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms, guest bedrooms, or aimed directly into a neighbor's home. Under Neb. Rev. Stat. 28-311.08, knowingly intruding upon someone in a place of solitude or seclusion is a Class I misdemeanor for a first offense.
Can my neighbor legally point a security camera at my house in Nebraska?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate Nebraska privacy laws under Neb. Rev. Stat. 28-311.08 or Neb. Rev. Stat. 20-203. You can ask the neighbor to adjust the camera angle, file a police report if you believe the recording is illegal, or consult an attorney about a civil invasion of privacy claim.
Is it legal to use a nanny cam in Nebraska?
Yes, you can use a nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. However, cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. If the nanny cam records audio, you must comply with the one-party consent rule under Neb. Rev. Stat. 86-290. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver about both audio and video recording or disable the audio feature.
Can my employer record me at work with security cameras in Nebraska?
Nebraska does not have a specific law addressing workplace video surveillance. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If cameras record audio, employers must comply with Neb. Rev. Stat. 86-290, which requires at least one party to a conversation to consent to the recording.
What are the penalties for illegal surveillance in Nebraska?
Penalties depend on the specific violation. Illegal wiretapping or recording under Neb. Rev. Stat. 86-290 is generally a Class IV felony carrying up to 2 years in prison and a $10,000 fine. Unlawful intrusion under Neb. Rev. Stat. 28-311.08 is a Class I misdemeanor for a first offense (up to 1 year in jail, $1,000 fine) and a Class IV felony for repeat offenses. Recording intimate areas without consent is a Class IV felony. Distributing non-consensual intimate recordings is a Class IIA felony punishable by up to 20 years in prison. Victims may also pursue civil damages under Neb. Rev. Stat. 86-297, including a minimum of $10,000 in statutory damages for wiretapping violations.
Updates
Corrected the stalking penalty to the current Class IIIA felony under Neb. Rev. Stat. 28-311.04, removed a non-statutory element from the criminal unlawful-intrusion description, attributed the invasion-of-privacy damages list to case law rather than the text of 20-203, restored the omitted notice condition on the employer communications exception, and completed the statutory definition of intimate area.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the Neb. Rev. Stat. 28-311.08(4) penalty table: the statute is a two-tier structure (1st offense misdemeanor, 2nd or subsequent offense already a Class IV felony), not the invented 1st/2nd-vs-3rd+ ladder the table previously showed.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 28: CRIMES AND PUNISHMENTS
§ 28-311.08Unlawful intrusion; photograph, film, or record image or video of intimate area; distribute or make public; penalty; court; duties; registration under Sex Offender Registration Act; statute of limitationsIn forcecited in 16 of our articles
(1) It shall be unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony. (2) It shall be unlawful for any person to knowingly and intentionally photograph, film, or otherwise record an image or video of the intimate area of any other person without his or her knowledge and consent when his or her intimate area would not be generally visible to the public regardless of whether such other person is located in a public or private place. Violation of this subsection is a Class IV felony. (3) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person recorded in violation of subsection (2) of this section without that person's consent. A first or second violation of this subsection is a Class IIA felony. A third or subsequent violation of this subsection is a Class II felony.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. McGovern (Nebraska Supreme Court 2022, 311 Neb. 705)“…62 See Riley v. California, supra note 5. 63 See Neb. Rev. Stat. § 28-311.08 (Reissue 2016 & Cum. Supp. 2020).…”
- State v. Zitterkopf (Nebraska Supreme Court 2024, 317 Neb. 312)“…unlawful distribution of an intimate image in violation of Neb. Rev. Stat. § 28-311.08(3) (Cum. Supp. 2022). Zitterkopf claims…”
- In Re Interest of Dustin S. (Nebraska Supreme Court 2008, 276 Neb. 635)“…le undressing would constitute a Class II misdemeanor under Neb. Rev.Stat. § 28-311.08 (Cum.Supp.2006). Therefore, Dustin is a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Nebraska Public Recording Laws: Filming in Public Spaces and Government Meetings (2026)
§ 28-311.03StalkingIn forcecited in 2 of our articles
Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Jeffrey K. (Nebraska Court of Appeals 2006, 14 Neb. Ct. App. 818)“…ad committed the criminal offense of stalking as defined in Neb.Rev.Stat. § 28-311.03 (Cum.Supp. 2004). Jeffrey asserts on ap…”
- Opinion No. (1996) (Nebraska Attorney General Reports 1996)“…done in violation of one of the court orders enumerated in Neb. Rev. Stat. § 28-311.03 . Protection orders were one of the cou…”
- State v. Haynes (Nebraska Supreme Court 2018, 299 Neb. 249)“…harged him with stalking, sec- ond offense, in violation of Neb. Rev. Stat. §§ 28-311.03 and 28-311.04(2)(a) (Reissue 2008), a C…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
§ 28-105Felonies; classification of penalties; sentences; where served; eligibility for probationIn forcecited in 5 of our articles
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I felony Death Class IA felony Life imprisonment Class IB felony Maximum—life imprisonment Minimum—twenty years imprisonment Class IC felony Maximum—fifty years imprisonment Mandatory minimum—five years imprisonment Class ID felony Maximum—fifty years imprisonment Mandatory minimum—three years imprisonment Class II felony Maximum—fifty years imprisonment Minimum—one year imprisonment Class IIA felony Maximum—twenty years imprisonment Minimum—none Class III felony Maximum—four years imprisonment and two years post-release supervision or twenty-five thousand dollars fine, or both Minimum—none for imprisonment and none for post-release supervision Class IIIA felony Maximum—three years imprisonment and eighteen months post-release supervision or ten thousand dollars fine, or both Minimum—none for imprisonment and none for post-release supervision Class IV felony Maximum—two years imprisonment and twelve months…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 941 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Iromuanya (Nebraska Supreme Court 2006, 272 Neb. 178)“…ar's imprisonment and a maximum of 50-years' imprisonment. Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2004) and §§ 28-201(4)(…”
- State v. Stephens (Nebraska Supreme Court 1991, 237 Neb. 551)“…28-319(2), punishable by from 1 to 50 years’ imprisonment, Neb. Rev. Stat. § 28-105 (1) (Reissue 1985). Stephens’ sentence…”
- State v. Gibson (Nebraska Court of Appeals 2018, 26 Neb. Ct. App. 559)“…I felonies are punishable by 1 to 50 years' imprisonment. Neb. Rev. Stat. § 28-105 (Supp. 2017). Therefore, if the court…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Sexting Laws: Legal Consequences and Penalties, Nebraska Ring Doorbell Laws: What You Need to Know in 2026
§ 28-311.09Repealed. Laws 2025, LB80, § 52.Repealed
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 40 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Prentice v. Steede (Nebraska Court of Appeals 2020, 28 Neb. Ct. App. 423)“…6. Protection Orders: Pleadings: Evidence. Neb. Rev. Stat. § 28-311.09 (Reissue 2016) was…”
- Mahmood v. Mahmud (Nebraska Supreme Court 2010, 279 Neb. 390)“…ermott found that a harassment protection order pursuant to Neb.Rev.Stat. § 28-311.09 (Reissue 2008) should be issued for a p…”
- Weatherly v. Cochran (Nebraska Supreme Court 2018, 301 Neb. 426)“…and Phrases. The meaning of “appear” in the context of Neb. Rev. Stat. § 28-311.09(8)(b) (Reissue 2016) includes both per-…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nebraska Revised Statutes, Chapter 86: TELECOMMUNICATIONS AND TECHNOLOGY
§ 86-290Unlawful acts; penaltyIn forcecited in 18 of our articles
(1) Except as otherwise specifically provided in sections 86-271 to 86-295, it is unlawful to: (a) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication; (b) Intentionally use, endeavor to use, or procure any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication or (ii) such device transmits communications by radio or interferes with the transmission of such communication; (c) Intentionally disclose or endeavor to disclose to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subsection; (d) Intentionally use or endeavor to use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire,…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Hays v. Hays (Nebraska Court of Appeals 2022)“…to her. We address these arguments, in turn. Under Neb. Rev. Stat. § 86-290(2)(c) (Reissue 2016), “it is not unlawf…”
- Ades v. Omni Hotels Management Corp. (District Court, C.D. California 2014, 46 F. Supp. 3d 999)“…f the carrier or provider of such communication services.”' Neb.Rev.Stat. § 86-290(2)(a). Based on this provision, Omni co…”
- Lewton Ex Rel. Lewton v. Divingnzzo (District Court, D. Nebraska 2011, 772 F. Supp. 2d 1046)“…7) to exclude the recordings as illegally intercepted under Neb.Rev.Stat. § 86-290(a) (see Doc. 137-16 at p.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Nebraska Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Nebraska Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026)
§ 86-297Interception; civil actionIn forcecited in 10 of our articles
(1) Any person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of sections 86-271 to 86-295 and 86-298 to 86-2,103 may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate. (2) In an action under this section, appropriate relief includes: (a) Such preliminary and other equitable or declaratory relief as may be appropriate; (b) Damages under subsection (3) of this section; and (c) Reasonable attorney's fees and other litigation costs reasonably incurred. (3)(a) In an action under this section, if the conduct in violation of sections 86-271 to 86-295 and 86-298 to 86-2,103 is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated for remote pickup broadcast stations under subpart D of 47 C.F.R.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Brumbaugh v. Bendorf (Nebraska Supreme Court 2020, 945 N.W.2d 116)“…warded under 18 U.S.C. § 2520 (2018) or Neb. Rev. Stat. § 86-297 (Reissue 2014) is addressed to the tria…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP (2026), Nebraska Security Camera Laws: Rules for Homes, Businesses, and HOAs (2026), Nebraska Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)
Nebraska Revised Statutes, Chapter 20: CIVIL RIGHTS
§ 20-203Invasion of privacy; trespass or intrude upon a person's solitudeIn forcecited in 2 of our articles
Any person, firm, or corporation that trespasses or intrudes upon any natural person in his or her place of solitude or seclusion, if the intrusion would be highly offensive to a reasonable person, shall be liable for invasion of privacy.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Kaiser v. Western R/C Flyers, Inc. (Nebraska Supreme Court 1991, 239 Neb. 624)“…defendants have violated their statutory right to privacy. Neb. Rev. Stat. § 20-203 (Reissue 1987) provides: “Any person,…”
- Whipps Land & Cattle Co. v. Level 3 Communications, LLC (Nebraska Supreme Court 2003, 265 Neb. 472)“…damages for an intentional invasion of privacy pursuant to Neb. Rev. Stat. § 20-203 (Reissue 1997). We recently discussed…”
- Sabrina W. v. Willman (Nebraska Court of Appeals 1995, 4 Neb. Ct. App. 149)“…Judge. This is an invasion of privacy action under Neb. Rev. Stat. § 20-203 (Reissue 1991) brought by the plaintif…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska GPS Tracking Laws (2026): Secret Tracking Is Now a Felony
§ 20-204Invasion of privacy; place person before public in false lightIn force
Any person, firm, or corporation which gives publicity to a matter concerning a natural person that places that person before the public in a false light is subject to liability for invasion of privacy, if: (1) The false light in which the other was placed would be highly offensive to a reasonable person; and (2) The actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Steinhausen v. HomeServices of Neb. (Nebraska Supreme Court 2015, 289 Neb. 927)“…a false light. The contours of the tort are now governed by Neb. Rev. Stat. § 20-204 (Reissue 2012), which provides:…”
- Lewis v. Craig (Nebraska Supreme Court 1990, 236 Neb. 602)“…n, in his third cause of action, contends his rights under Neb. Rev. Stat. § 20-204 (Reissue 1987) were violated. I…”
- SAND LIVESTOCK SYSTEMS, INC. v. Svoboda (Nebraska Court of Appeals 2008, 17 Neb. Ct. App. 28)“…(2004). The elements of a false light claim are found in Neb.Rev.Stat. § 20-204 (Reissue 1997), which provides: Any p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Nebraska Revised Statute 28-311.08: Unlawful Intrusion(nebraskalegislature.gov).gov
- Nebraska Revised Statute 86-290: Unlawful Acts (Wiretapping)(nebraskalegislature.gov).gov
- Nebraska Revised Statute 86-297: Civil Action for Interception(nebraskalegislature.gov).gov
- Nebraska Revised Statute 20-203: Invasion of Privacy(nebraskalegislature.gov).gov
- Nebraska Revised Statute 20-204: Invasion of Privacy - False Light(nebraskalegislature.gov).gov
- Nebraska Revised Statute 28-311.03: Stalking(nebraskalegislature.gov).gov
- Nebraska Workplace Privacy Act (48-3501 through 48-3511)(nebraskalegislature.gov).gov
- Nebraska Revised Statute 28-105: Felony Classification of Penalties(nebraskalegislature.gov).gov
- Nebraska Revised Statute 28-311.09: Harassment Protection Order(nebraskalegislature.gov).gov
- Nebraska Revised Statute 28-311.04: Stalking; Penalty (Class IIIA felony)(nebraskalegislature.gov)