Nebraska Recording Laws

Nebraska Recording Law Summary:

Last Updated: January 2025 | Verified against current Nebraska Revised Statutes

Quick Answer

Nebraska is a one-party consent state. You can legally record phone calls and conversations as long as you’re a party to the conversation or have consent from at least one participant, provided you are not recording for criminal or tortious purposes. Nebraska classifies most illegal wiretapping as a Class IV felony.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Neb. Rev. Stat. § 86-290
Maximum Fine	$10,000
Maximum Prison Time	2 years (Class IV felony)

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Understanding Nebraska’s Recording Laws

The Legal Foundation

Nebraska’s wiretapping and electronic surveillance laws are found in Chapter 86 of the Nebraska Revised Statutes (Telecommunications and Technology). The key statutes are:

• Neb. Rev. Stat. § 86-290 – Interception of communications; when lawful
• Neb. Rev. Stat. § 86-291 – Court orders for electronic surveillance

Under § 86-290, recording is permitted when at least one party to the communication consents, provided the recording is not made for the purpose of committing any criminal or tortious act.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Nebraska, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California require everyone in the conversation to agree to be recorded.

The “No Criminal or Tortious Purpose” Requirement

Nebraska’s one-party consent exception requires that the recording not be made for the purpose of committing any criminal or tortious act. This means you cannot record for purposes of:

• Blackmail or extortion
• Committing or facilitating any crime
• Harassment or stalking
• Any civil wrong (tort)

Recording Phone Calls in Nebraska

Can You Record Phone Calls in Nebraska?

Yes. Under Neb. Rev. Stat. § 86-290, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Special Rules for Radio Communications

Nebraska law has specific provisions about radio communications:

• Cell phone radio portions: Recording certain radio portions of cellular conversations may have different penalty classifications
• First-time violations: May be treated as a misdemeanor rather than felony
• Wire communications: Fully protected under the statute

Recording Calls Across State Lines

If you’re in Nebraska calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Nebraska law allows employers to monitor communications in the normal course of business when they provide reasonable notice to employees. Businesses can record calls for quality assurance, training, or compliance through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call
4. Written policy with employee acknowledgment

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Nebraska when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)
• You have no criminal or tortious purpose

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re recording for a criminal or tortious purpose
• You’re using illegally obtained recordings for any purpose

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Nebraska Video Recording Laws

Public Spaces

Nebraska has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Privacy

On private property, the property owner sets the rules. Nebraska also has laws that prohibit:

• Recording intimate images without consent
• Recording someone in a location where they have a reasonable expectation of privacy
• Distributing intimate images without consent

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Nebraska employers can generally record in common work areas where employees don’t have a privacy expectation. Nebraska law specifically allows employer monitoring in the normal course of business with reasonable notice. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation and have no criminal or tortious purpose. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under Nebraska law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Nebraska?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Nebraska, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Nebraska’s Open Meetings Act (Neb. Rev. Stat. § 84-1407 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City council meetings
• County board meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Nebraska?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Nebraska?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DHHS Workers?

Yes. Department of Health and Human Services (DHHS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Nebraska?

Yes. Dashcams are legal in Nebraska. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Nebraska

Are Recordings Admissible in Court?

Recordings made legally under Nebraska’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Nebraska

Criminal Penalties

Nebraska has tiered penalties depending on the type of violation:

Offense	Classification	Penalty
Illegal wiretapping (general)	Class IV Felony	Up to 2 years prison, up to $10,000 fine
Radio communication (first offense)	Misdemeanor	Up to 1 year jail, up to $1,000 fine

Civil Liability

Victims of illegal recording may also pursue civil remedies, including:

• Actual damages
• Statutory damages
• Punitive damages
• Attorney’s fees and litigation costs

Law Enforcement Surveillance

Under Neb. Rev. Stat. § 86-291, law enforcement may obtain court orders for electronic surveillance through district courts, but only for investigating serious felonies including:

• Murder and kidnapping
• Drug trafficking
• Sexual assault
• Child exploitation

Frequently Asked Questions

Is Nebraska a one-party consent state?

Yes. Nebraska is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants, provided you have no criminal or tortious purpose.

Is Nebraska a two-party consent state?

No. Nebraska does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Nebraska?

Yes. As a participant in the conversation, you can record without telling the other person, as long as you have no criminal or tortious intent.

Can I sue someone for recording me in Nebraska?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Nebraska.

Do I need to tell someone I’m recording in Nebraska?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Nebraska?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Nebraska?

Illegal wiretapping is generally a Class IV felony (up to 2 years prison, $10,000 fine). Some radio communication violations may be misdemeanors.

Can recordings be used in divorce court in Nebraska?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Can my employer record me at work in Nebraska?

Yes, employers can monitor communications in the normal course of business with reasonable notice to employees, but not in private areas like bathrooms or changing rooms.

Related Nebraska Laws

• Nebraska Car Seat Laws
• Nebraska Child Support Laws
• Nebraska Hit and Run Laws
• Nebraska Lemon Law
• Nebraska Sexting Laws
• Nebraska Statute of Limitations
• Nebraska Whistleblower Laws

Sources and Legal References

Source	Link
Neb. Rev. Stat. § 86-290 – When Lawful	Nebraska Legislature
Neb. Rev. Stat. § 86-291 – Court Orders	Nebraska Legislature
Nebraska Open Meetings Act	Neb. Rev. Stat. § 84-1407
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Nebraska attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Rev. Stat. § 542.402
Nebraska	One-party consent. Class IV felony. Employer monitoring allowed.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.