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Nebraska

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about address confidentiality and your states criminal and civil stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Address Confidentiality

Address confidentiality programs allow victims of stalking, sexual assault, domestic violence, or other types of crime to receive mail at a substitute address, which keeps their actual address private and prevents offenders from locating the victim through public records. Mail is sent to the legal substitute address, often a post office box, and then forwarded to the victim’s actual address. The substitute address can be provided whenever the victim’s address is required by a public agency.

Click here for more information on the Address Confidentiality Program in Nebraska.

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in Nebraska.

Civil Stalking Laws

Civil stalking laws allow victims of stalking to initiate a lawsuit to recover compensation from the perpetrator and any third party that may be responsible for the crime. In a civil lawsuit, there is no possibility of a criminal punishment; instead, the victim plaintiff is suing for actual harm (known as actual damages), punitive damages, attorney’s fees, and court costs. Civil statutes also often provide for victims to obtain protective orders against the perpetrator.

Click here for more information on civil stalking laws in Nebraska.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Address Confidentiality

The Nebraska State Address Confidentiality Program assists crime victims who have relocated. Click here to find help with your application in your county. Click here to learn more about what the program in your state covers.

Contact Information

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Criminal Stalking Laws

R.R.S. Neb. § 28-311.02. Stalking and harassment; legislative intent; terms, defined. (2006)
(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. (2006)
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. (2006)
(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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Civil Stalking Laws

R.R.S. Neb. § 28-113. Civil action authorized; statute of limitations; proof required. (1997)
(1)  A person against whom a violation of section 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney's fees, and costs.

(2)  A civil action brought pursuant to this section must be brought within four years after the date of the violation of section 28-111.

(3)  In a civil action brought pursuant to this section, the plaintiff shall establish by a preponderance of the evidence that the defendant committed the criminal offense against the plaintiff or the plaintiff's property because of the plaintiff's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the plaintiff's association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.

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