Someone following you around town is scary. Someone tracking your phone or car is just as scary, maybe worse.
Nebraska just changed its stalking laws in a big way. A new rule about tracking devices took effect on July 18, 2026. That’s basically yesterday. Stay with me, because this affects way more people than you might think.
What Is Stalking Under Nebraska Law?
Stalking is when someone willfully harasses you, or a family member, on purpose. They mean to injure, terrify, threaten, or intimidate you. That’s the legal definition, straight from Nebraska Revised Statute 28-311.03.
Sounds broad, right? It kind of is. The law covers a wide range of behavior, not just the classic “someone is following me” scenario.
Here’s the key part. It has to be a course of conduct. That means at least two separate acts, not just one bad interaction. One rude phone call usually isn’t stalking. Two or more scary contacts over time? That’s a different story.
What Actually Counts as Harassment?
Wondering if what happened to you actually counts? Let’s break it down.
Harassment means conduct that seriously terrifies, threatens, or intimidates a person. It has to serve no legitimate purpose. Courts look at this from an objective view, meaning would a reasonable person feel scared, not just you personally.
This isn’t limited to physical threats either. Nebraska courts have ruled that non-physical harm counts too. Threatening to “out” someone to their employer, for example, can qualify as harassment under the law.
Honestly, this part surprises a lot of people. You don’t need a fist raised at you to have a real stalking case. Words and threats count too.
Quick tip: Keep records. Screenshots, voicemails, dates, and times all matter if you ever need to prove a pattern.
The Big 2026 Update: Tracking Devices
Okay, this one’s important. Really important.
Until this year, Nebraska had a huge gap in its stalking laws. There was nothing stopping someone from hiding a GPS tracker on your car without your permission. Nothing at all.
A Nebraska woman found out the hard way. She discovered three different trackers hidden in or on her vehicle over six months. Police couldn’t act on the trackers alone because placing one wasn’t actually illegal yet.
Another woman found four tracking devices hidden in magnetic key holders under her car. She’d been afraid to even walk her dog. That’s how serious this problem had become.
These stories pushed lawmakers to act. Legislative Bill 935 passed in 2026 and changed the rules on mobile tracking devices, stalking, and related offenses. It became operative on July 18, 2026.
So what does this mean for you? Hiding a tracking device on someone’s car or belongings without consent is now addressed directly under Nebraska law, with real penalties attached. No more loophole for AirTags and similar gadgets used to secretly follow someone.
Pretty big deal, honestly. This is the kind of update that actually catches up with how people stalk each other in 2026, using tech instead of just showing up in person.
Penalties and Consequences
Let’s talk about what happens if you break this law.
Basic stalking in Nebraska is a Class I misdemeanor. That means up to one year in jail. It also means a fine of up to $1,000. Not fun, but not the harshest punishment either.
Think of it like a serious traffic violation, but with jail time attached instead of just points on your license.
But wait, it gets more serious fast. Stalking becomes a Class IIIA felony under certain conditions. A felony is a more serious crime than a misdemeanor, one that can mean years in prison instead of months in jail.
A Class IIIA felony carries up to three years in prison. It can also mean a fine up to $10,000. That’s a massive jump from the misdemeanor penalty.
So when does stalking become a felony? A few situations bump it up:
The person has a prior stalking conviction within the last seven years. The victim is under age 16. A deadly weapon was used during the stalking. The stalker was already violating a protection order against the same victim.
Each of these makes the situation more dangerous, so lawmakers made the punishment match that danger. Makes sense, right?
Special Circumstances You Should Know
Not every situation fits neatly into a box, honestly. Nebraska law has a few exceptions worth knowing.
Labor picketing is not covered under the stalking statutes. If you’re part of a legal labor protest, your picketing activity isn’t treated as stalking, even if it involves repeated contact with an employer.
You’re not alone if you’re confused about where the line is between annoying behavior and criminal stalking. Courts have wrestled with this too. One earlier case involved a juvenile whose tone of voice was described as “mean but not really.” The Nebraska Supreme Court stepped in and said the standard is objective, not just about how threatening someone sounded to one listener.
This objective standard protects victims from having their fear dismissed just because a stalker seemed calm or denied bad intent.
How to Get a Protection Order in Nebraska
If someone is stalking or harassing you, you don’t have to just wait it out. You can ask a court for help right now.
A Harassment Protection Order is available to any victim of harassment, no matter your relationship to the person bothering you. This order can stop someone from contacting you, threatening you, or coming near you.
Here’s how you actually do it. You file a petition and affidavit with your local District Court. There’s no filing fee, and you don’t need a lawyer to apply, though having one certainly helps.
Be as detailed as possible in your petition. Include dates, what was said, and what happened during each incident. Screenshots and voicemails help a lot here too.
A judge may issue a temporary order right away if the situation looks dangerous. This is sometimes called an ex parte order, meaning it’s issued before the other person even gets a chance to respond.
After that, there’s usually a hearing within days. Both sides get to speak. If the judge agrees protection is needed, a full protection order can last up to one year, and can sometimes be renewed.
Not sure if you should involve police too? Do both. Filing a protection order and reporting to police are not the same thing, and doing one doesn’t replace the other.
What to Do If You’re Being Stalked
Trust me, taking action early makes a real difference.
Start documenting everything right away. Save texts, emails, voicemails, and any notes left for you. Write down dates and times, even for things that feel small.
Tell someone you trust what’s happening. Isolation makes stalking worse, both for your safety and your peace of mind. A friend, family member, or coworker knowing what’s going on can help if things escalate.
Check your car and belongings for hidden tracking devices if you suspect electronic stalking. Many auto shops and phone stores can help scan for hidden GPS trackers now, since this has become a bigger public concern.
Contact local police if you feel unsafe. Reporting even smaller incidents creates a record, and that record matters if things get worse later.
Reach out to the Nebraska Domestic Violence Sexual Assault Coalition if your situation involves an intimate partner. They connect victims with advocates who understand exactly what you’re going through.
Consider filing for a Harassment Protection Order using the process above. It’s free, and you don’t need to already have a police report to start.
Personally, I think the tracking device update is the most important change in years. Technology moved faster than the law did, and this update finally closes that gap.
Frequently Asked Questions
Does one scary phone call count as stalking in Nebraska?
Usually not by itself. Nebraska law requires a course of conduct, meaning at least two separate acts of harassment, not a single incident.
Is it illegal to put a tracking device on someone’s car in Nebraska now?
Yes, as of July 18, 2026, Nebraska law directly addresses placing mobile tracking devices on someone without consent, closing a major gap that previously existed.
What’s the difference between stalking and harassment charges?
Harassment is the underlying behavior, while stalking is the criminal charge built from a pattern of harassing acts meant to terrify or intimidate someone.
Can I get a protection order without a lawyer?
Yes. Protection orders in Nebraska can be filed for free without an attorney, though victim advocates and legal aid organizations can help you prepare your paperwork.
How long does a Nebraska protection order last?
Harassment protection orders typically last one year from the date they’re entered by the court, and they can sometimes be renewed if needed.
What happens if someone violates a protection order?
Violating a protection order is a separate criminal offense in Nebraska. Call police immediately if this happens to you.
Final Thoughts
Nebraska’s stalking laws just got a real upgrade. The new tracking device rule finally deals with something victims have been fighting for years to get fixed.
Know your rights. Document everything if something feels wrong. Protection orders exist for a reason, and they’re free to file.
Now you know the basics. Stay safe, stay informed, and when in doubt, reach out to a legal aid organization or an attorney for help with your specific situation.
References
- Nebraska Revised Statute 28-311.02, Stalking and Harassment, Legislative Intent — nebraskalegislature.gov
- Nebraska Revised Statute 28-311.04, Stalking Violations and Penalties — nebraskalegislature.gov
- LB1059, 109th Nebraska Legislature, Mobile Tracking Devices and Stalking — nebraskalegislature.gov
- Nebraska State Patrol, Protection Orders Overview — statepatrol.nebraska.gov
- WOWT News, Nebraska Legislature Hears Testimony on Electronic Stalking Bill — wowt.com
- Nebraska Judicial Branch, Harassment Protection Order Forms and FAQs — nebraskajudicial.gov
