Nebraska
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
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.
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.