Nebraska Stalking Laws
Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department, or contact the Nebraska Domestic Violence Sexual Assault Coalition.
The crime of stalking is generally defined as a pattern of malicious behavior done with the intention of causing apprehension or fear in the victim. Every state has its own stalking statute, with penalties ranging from fines and restraining orders to prison sentences for repeat offenders. Stalking typically is associated with domestic violence, much more than the highly publicized instances of obsessive fans entering the homes of celebrities. For instance, showing up at your ex-husband's place of employment to intimidate him (more than just once) is an act of stalking.
Those who are the victims of stalking usually obtain a protective order against the perpetrator, often up to one year. These orders require the perpetrator to cease all contact and stay a certain distance away from the victim for a specified period of time.
Nebraska Stalking Law at a Glance
While the first offense of stalking is charged as a misdemeanor, a second offense with seven years of the first one is charged as a Class IV felony and punishable by up to five years in prison. Visit the Nebraska State Patrol's online section on protection orders for more information.
See the following chart for additional details about Nebraska's stalking laws. See FindLaw's Domestic Violence section for related articles and resources.
|Code Section||28-311.02, et seq.|
|Stalking Defined as||Willful harassing with intent to injure, terrify, threaten, or intimidate|
|Punishment/Classification||First offense: Class I misdemeanor; victim is under 16, offender possessed a deadly weapon at the time of the offense, or convicted of a previous felony: Class IV felony|
|Penalty for Repeat Offense||A prior conviction against same victim within 7 years: Class IV felony|
|Arrest or Restraining Order Specifically Authorized by Statute?||Victim may obtain a restraining order under Nebraska's harassment statute (§28-311.09)|
|Constitutionally Protected Activities Exempted?||Labor picketing|
Note: State laws are always subject to change at any time, usually through the enactment of newly signed legislation but also through high court decisions and other means. While we strive to ensure the accuracy of these pages, you may also want to contact a Nebraska domestic violence attorney or criminal defense attorney, or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Nebraska Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Nebraska Stalking Laws: Related Resources
- Stalking and Domestic Violence
- Nebraska Protective Order Laws
- Domestic Violence Information by State
- Find a Criminal Law Attorney
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