Stalking
R.R.S. Neb. § 28-311.02. Stalking and
harassment; legislative intent; terms,
defined. (1998)
(1)
It is
the intent of the Legislature to enact laws dealing with stalking
offenses which will protect victims from being willfully harassed,
intentionally terrified, threatened, or intimidated by individuals who
intentionally follow, detain, stalk, or harass them or impose any restraint on
their personal liberty and which will not prohibit constitutionally protected
activities.
(2)
For
purposes of sections
28-311.02 to 28-311.05,
28-311.09,
and 28-311.10:
(a)
Harass means to engage in a
knowing and willful course of conduct directed at a specific person which
seriously terrifies, threatens, or intimidates the person and which serves no
legitimate purpose;
(b)
Course of conduct means a
pattern of conduct composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose, including a series of acts of
following, detaining, restraining the personal liberty of, or stalking
the person or telephoning, contacting, or otherwise communicating with the
person;
(c)
Family or household member means
a spouse or former spouse of the victim, children of the victim, a person
presently residing with the victim or who has resided with the victim in the
past, a person who had a child in common with the victim, other persons
related to the victim by consanguinity or affinity, or any person presently
involved in a dating relationship with the victim or who has been involved in
a dating relationship with the victim. For purposes of this subdivision,
dating relationship means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement but does
not include a casual relationship or an ordinary association between persons
in a business or social context; and
(d)
Substantially conforming
criminal violation means a guilty plea, a nolo contendere plea, or a
conviction for a violation of any federal law or law of another state or any
county, city, or village ordinance of this state or another state
substantially similar to section
28-311.03. Substantially conforming is a question of law to be
determined by the court.
R.R.S. Neb. § 28-311.03. Stalking. (1998)
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.
R.R.S. Neb. § 28-311.04. Stalking;
violations; penalties. (1993)
(1)
Except as provided in subsection
(2) of this section, any person convicted of violating section
28-311.03 is guilty of a Class I misdemeanor.
(2)
Any
person convicted of violating section
28-311.03 is guilty of a Class IV felony if:
(a)
The
person has a prior conviction under such section or a substantially conforming
criminal violation within the last seven years;
(b)
The
victim is under sixteen years of age;
(c)
The
person possessed a deadly weapon at any time during the
violation;
(d)
The
person was also in violation of section
28-311.09, 42-924,
or 42-925
at any time during the violation; or
(e)
The
person has been convicted of any felony in this state or has been convicted of
a crime in another jurisdiction which, if committed in this state, would
constitute a felony and the victim or a family or household member of the
victim was also the victim of such previous felony.
R.R.S. Neb. § 28-311.05. Stalking; not
applicable to certain conduct. (1998)
Sections 28-311.02 to 28-311.04, 28-311.09, and 28-311.10 shall not apply to conduct which
occurs during labor picketing.
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Related
Offenses
R.R.S. Neb. § 28-311.01 Terroristic threats; penalty.
(1986)
(1)
A
person commits terroristic threats if he or she threatens to commit any crime
of violence:
(a)
With
the intent to terrorize another;
(b)
With
the intent of causing the evacuation of a building, place of assembly, or
facility of public transportation; or
(c)
In
reckless disregard of the risk of causing such terror or
evacuation.
(2)
Terroristic threats is a Class
IV felony.
R.R.S. Neb. § 28-311.08. Unlawful
intrusion; penalty. (1996)
(1)
It
shall be unlawful for any person to knowingly intrude upon any other person
without his or her consent or knowledge in a place of solitude or
seclusion.
(2)
For
purposes of this section:
(a)
Intrude means the viewing or
recording, either by video, audio, or other electronic means, of a person in a
state of undress; and
(b)
Place
of solitude or seclusion means a place where a person would intend to be in a
state of undress and have a reasonable expectation of privacy, including, but
not limited to, any facility, public or private, used as a restroom, tanning
booth, locker room, shower room, fitting room, or dressing
room.
(3)
Violation of this section is a
Class III misdemeanor unless the victim is under the age of eighteen in which
case a violation is a Class II misdemeanor. Lack of knowledge as to the
victim's age is not a defense to the enhanced penalty under this
section.
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