Nebraska Recording Laws

Nebraska Recording Law Summary:Nebraska Recording Law

Nebraska recording law stipulates that it is a one-party consent state. In Nebraska, it is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011).

Personal Conversations:

You may not record, obtain, share or use conversations that you are not a part of without the consent of at least one party.

However, Missouri law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Neb. Rev. Stat. § 86-283.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

  • Getting verbal or written consent prior to the recording being made.
  • A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
  • An audible beep tone being repeated at steady intervals during the duration of the conversation.

Nebraska Video Recording Laws

It is against the law to intentionally film, photograph or otherwise record an image or video of the intimate parts of another person without that person’s consent or knowledge when such intimate parts are concealed from public view regardless of whether that person is in a public or private place. Neb. Rev. Stat. § 28‐311.08(2)

It is unlawful to intentionally make public or distribute an image or video of another person’s intimate parts or another person’s sexual acts under the following circumstances:

  • If the person concerned had a reasonable expectation that the images or video would remain private.
  • Without the consent of the person concerned.
  • If distributing or publicizing the image or video serves no legitimate purpose.

For example, if you have explicit videos or images of your partner or ex-partner, you are not allowed to share them with other people without the consent of your partner or ex-partner.

Neb. Rev. Stat. § 28‐311.08(4)

Penalties:

Neb. Rev. Stat. § 86-290: It is considered a felony to illegally record an oral or electronic conversation. However, certain unlawful recordings designated under Nebraska law will be considered a misdemeanor if it is the perpetrator’s first offense.

Neb. Rev. Stat. § 28‐311.08(2): Intentionally recording another person’s intimate parts without consent is a Class IV felony which carries imprisonment not exceeding 2 years and 12 months post-release supervision or a $10,000 fine or both.

Neb. Rev. Stat. § 28‐311.08(3): Distributing or making public materials obtained in violation of the state’s video recording laws is a Class IIA felony for first and second offenses. Third and subsequent offenses are considered Class II felonies. Class IIA felonies carry a maximum sentence of 20 years while Class II felonies carry a maximum sentence of 50 years.

Neb. Rev. Stat. § 28‐311.08(4): Violation of section Neb. Rev. Stat. § 28‐311.08(4) is considered a Class I misdemeanor and a Class IV felony for second or subsequent violations. Class I misdemeanors carry imprisonment not exceeding 1 year or $1000 fine, or both.

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