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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1059
Introduced by Bosn, 25.
Read first time January 14, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend section1
86-2,103, Reissue Revised Statutes of Nebraska, and sections 28-101,2
28-311.02, and 28-311.04, Revised Statutes Supplement, 2025; to3
prohibit certain conduct relating to mobile tracking devices; to4
provide penalties; to define and redefine terms; to change penalties5
for stalking; to change provisions relating to intercepted6
communications; to harmonize provisions; and to repeal the original7
sections. 8
Be it enacted by the people of the State of Nebraska,9
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Section 1. Section 28-101, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-17013
and sections 2 to 5 of this act shall be known and may be cited as the4
Nebraska Criminal Code. 5
Sec. 2. For purposes of sections 2 to 5 of this act:6
(1) Business entity means any form of corporation, company,7
partnership, association, cooperative, joint venture, business trust, or8
sole proprietorship that conducts business in this state;9
(2) Conviction or convicted has the same meaning as in section10
28-311.02; 11
(3) Mobile tracking device has the same meaning as in section12
86-2,103; 13
(4) Private investigator means a person licensed under sections14
71-3201 to 71-3213; 15
(5) Protection order means any protection order issued or recognized16
under the Protection Orders Act; 17
(6) Senior adult has the same meaning as in section 28-366.01;18
(7) Substantially conforming criminal violation has the same meaning19
as in section 28-311.02; and 20
(8) Vulnerable adult has the same meaning as in section 28-371.21
Sec. 3. (1) Except as otherwise provided in section 4 of this act,22
a person shall not knowingly: 23
(a) Install a mobile tracking device on another person's property24
without the other person's consent; 25
(b) Cause a mobile tracking device to track the position or movement26
of another person or another person's property without the other person's27
consent; or 28
(c) Fail to remove or ensure the removal of a mobile tracking device29
that has been installed on another person's property with such person's30
consent when such consent has been revoked. 31
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(2) For purposes of this section, if a person has given consent for1
another person to install a mobile tracking device on the consenting2
person's property, such consent shall be deemed to have been revoked if3
any of the following applies: 4
(a) The consenting person communicates to the person to whom consent5
was given that such consent is revoked; 6
(b) The consenting person and the person to whom consent was given7
are married and one of them files an action for divorce, annulment, or8
separate maintenance; or 9
(c) The consenting person receives a protection order against the10
person to whom consent was given. Revocation under this subdivision (2)11
(c) is effective when the person to whom consent was given has notice of12
such protection order. 13
Sec. 4. Section 3 of this act does not apply to any of the14
following: 15
(1) A mobile tracking device installed and used in compliance with16
sections 86-271 to 86-2,115; 17
(2) A mobile tracking device installed and used pursuant to a court18
order, including, but not limited to, as a condition of pretrial release,19
probation, parole, or post-release supervision; 20
(3) A parent or legal guardian of a minor child who installs or uses21
a mobile tracking device to track the minor child if any of the following22
applies: 23
(a) The parents or legal guardians of the child are lawfully married24
to each other and are not separated or otherwise living apart, and either25
of those parents or legal guardians consents to the installation of the26
tracking device or tracking application; 27
(b) The parent or legal guardian of the child is the sole surviving28
parent or legal guardian of the child; 29
(c) The parent or legal guardian of the child has sole custody of30
the child; or 31
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(d) The parents or legal guardians of the child are divorced,1
separated, or otherwise living apart and neither parent has sole custody2
of the child, and both consent to the installation of the mobile tracking3
device; 4
(4) A caregiver of a vulnerable adult or senior adult, if such5
adult's treating physician certifies that the installation or use of a6
mobile tracking device on such adult's property is necessary to ensure7
the safety of such adult; 8
(5) A person acting in good faith on behalf of a business entity for9
a legitimate business purpose or a governmental entity for a legitimate10
government purpose. This subdivision (5) does not apply to a private11
investigator; 12
(6)(a) A private investigator who is acting in the normal course of13
the business of private investigation on behalf of another person and who14
has the consent of the owner of the property upon which the mobile15
tracking device is installed, for the purpose of obtaining information16
with reference to any of the following: 17
(i) Criminal offenses committed, threatened, or suspected against18
the United States, a territory of the United States, a state, or any19
person or legal entity; 20
(ii) Locating an individual known to be a fugitive from justice;21
(iii) Locating lost or stolen property or other assets that have22
been awarded by the court; or 23
(iv) Investigating claims related to workers' compensation.24
(b) This subdivision (6) does not apply if the person on whose25
behalf the private investigator is working is the subject of a protection26
order or if the private investigator knows or reasonably should know that27
the person on whose behalf the private investigator is working seeks the28
investigator's services to aid in the commission of a crime;29
(7) An owner or lessee of a motor vehicle who installs, or directs30
the installation of, a mobile tracking device on the motor vehicle during31
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the period of ownership or lease, if any of the following applies:1
(a) The mobile tracking device is removed before the motor vehicle's2
title is transferred or the motor vehicle's lease expires;3
(b) The new owner of the motor vehicle, in the case of a sale, or4
the lessor of the motor vehicle, in the case of an expired lease,5
consents in writing to the nonremoval of the mobile tracking device; or6
(c) The owner of the motor vehicle at the time of the installation7
of the mobile tracking device was the original manufacturer of the motor8
vehicle; or 9
(8) A person or business entity that installs a mobile tracking10
device on any fixed-wing aircraft or rotorcraft operated or managed by11
the person or business entity pursuant to 14 C.F.R. part 91 or part 13512
to track the position or movement of the fixed-wing aircraft or13
rotorcraft. 14
Sec. 5. (1) Except as provided in subsection (2) of this section, a15
violation of section 3 of this act is a Class I misdemeanor.16
(2) A violation of section 3 of this act is a Class IIIA felony if17
any of the following applies: 18
(a) The offender has previously been convicted of a violation of19
section 3 of this act or a substantially conforming criminal violation;20
(b) The offender has previously been convicted of a violation of21
section 28-311.03 or a substantially conforming criminal violation;22
(c) At the time of the commission of the offense, the offender was23
subject to the restrictions of a protection order, regardless of whether24
the person to be protected under the order is the victim of the offense25
or another person; or 26
(d) The offender has a history of violence toward the victim.27
Sec. 6. Section 28-311.02, Revised Statutes Supplement, 2025, is28
amended to read: 29
28-311.02 (1) It is the intent of the Legislature to enact laws30
dealing with stalking offenses which will protect victims from being31
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willfully harassed, intentionally terrified, threatened, or intimidated1
by individuals who intentionally follow, detain, stalk, or harass them or2
impose any restraint on their personal liberty and which will not3
prohibit constitutionally protected activities. 4
(2) For purposes of sections 28-311.02 to 28-311.05:5
(a) Harass means to engage in a knowing and willful course of6
conduct directed at a specific person which seriously terrifies,7
threatens, or intimidates the person and which serves no legitimate8
purpose; 9
(a)(i) Conviction or convicted includes a plea or verdict of guilty10
or a conviction following a plea of nolo contendere.11
(ii) Conviction or convicted includes a conviction that has been set12
aside under section 29-2264. 13
(iii) Conviction or convicted does not include a conviction for14
which a pardon has been obtained; 15
(b) Course of conduct means a pattern of conduct composed of a16
series of acts over a period of time, however short, evidencing a17
continuity of purpose, including a series of acts of following,18
detaining, restraining the personal liberty of, or stalking the person or19
telephoning, contacting, or otherwise communicating with the person;20
(c) Family or household member has the same meaning as in section21
42-903; means a spouse or former spouse of the victim, children of the22
victim, a person presently residing with the victim or who has resided23
with the victim in the past, a person who had a child in common with the24
victim, other persons related to the victim by consanguinity or affinity,25
or any person presently involved in a dating relationship with the victim26
or who has been involved in a dating relationship with the victim. For27
purposes of this subdivision, dating relationship means frequent,28
intimate associations primarily characterized by the expectation of29
affectional or sexual involvement but does not include a casual30
relationship or an ordinary association between persons in a business or31
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social context; and 1
(d) Harass means to engage in a knowing and willful course of2
conduct directed at a specific person which seriously terrifies,3
threatens, or intimidates the person and which serves no legitimate4
purpose; and 5
(e)(i) (d) Substantially conforming criminal violation means a6
criminal violation of federal law, the law of another state, or an7
ordinance of a county, city, or village of this state or another state8
that is substantially similar to the Nebraska statute at issue. a guilty9
plea, a nolo contendere plea, or a conviction for a violation of any10
federal law or law of another state or any county, city, or village11
ordinance of this state or another state substantially similar to section12
28-311.03. Substantially 13
(ii) Whether a violation is substantially conforming is a question14
of law to be determined by the court. 15
Sec. 7. Section 28-311.04, Revised Statutes Supplement, 2025, is16
amended to read: 17
28-311.04 (1) Except as provided in subsection (2) of this section,18
any person convicted of violating section 28-311.03 is guilty of a Class19
I misdemeanor. 20
(2) Any person convicted of violating section 28-311.03 is guilty of21
a Class IIIA felony if: 22
(a) The person has a prior conviction under such section or a23
substantially conforming criminal violation within the last seven years;24
(1) Except as provided in subsection (2) of this section, a25
violation of section 28-311.03 is a Class I misdemeanor.26
(2) A violation of section 28-311.03 is a Class IIIA felony if:27
(a) The defendant has previously been convicted of a violation of28
section 28-311.03 or a substantially conforming criminal violation;29
(b) The defendant has previously been convicted of a violation of30
section 3 of this act or a substantially conforming criminal violation;31
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(c) (b) The victim is under sixteen years of age;1
(d) (c) The person possessed a deadly weapon at any time during the2
violation; 3
(e) (d) The person was also in violation of any protection order4
issued under the Protection Orders Act or any valid foreign protection5
order recognized pursuant to section 26-123 or 26-124 at any time during6
the violation; or 7
(f) (e) The person has been convicted of any felony in this state or8
has been convicted of a crime in another jurisdiction which, if committed9
in this state, would constitute a felony and the victim or a family or10
household member of the victim was also the victim of such previous11
felony. 12
Sec. 8. Section 86-2,103, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
86-2,103 (1) A district court may issue a warrant or other order for15
the installation of a mobile tracking device, and such order may16
authorize the use of that device within the jurisdiction of the court and17
outside that jurisdiction if the device is installed in that18
jurisdiction. 19
(2) For purposes of this section, mobile tracking device means any:20
(a) Electronic an electronic or mechanical device which permits the21
tracking of the movement of a person or object; or .22
(b) Software program installed on a person's electronic device which23
permits the tracking of the movement of a person or object.24
Sec. 9. Original section 86-2,103, Reissue Revised Statutes of25
Nebraska, and sections 28-101, 28-311.02, and 28-311.04, Revised Statutes26
Supplement, 2025, are repealed. 27
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