Nebraska’s Legal Gap: Why GPS Stalking Isn’t Illegal (…Yet)
In Nebraska, a troubling loophole exists in the law: putting a GPS tracking device on someone else’s vehicle, or otherwise tracking them using such technology, does not, by itself, violate state stalking laws. That means until legislation catches up, placing a tracker without consent falls into a legal grey area.
A Real-World Wake-Up Call
Consider a recent case in Bellevue: a woman’s ex allegedly hid multiple GPS trackers on her truck. She discovered one after nearly hitting it, another using a plumber’s camera, yet despite the physical evidence, prosecutors couldn’t charge him under current state statutes.
According to Sarpy County’s assistant attorney, Nebraska’s stalking law “doesn’t prohibit people from using devices to track individuals without their consent”
Ultimately, prosecutors charged the man only with stalking, based on demonstrable patterns of contact, not for placing trackers. They needed to prove intent and a pattern of behavior connected to the devices.
Voices Calling for Change
Nebraska lawmakers and victims have grown vocal. State Senator Jen Day, prompted by a story of a woman in Omaha who found an AirTag secretly planted in her vehicle, introduced LB 1224. This proposed law would make it illegal to use electronic tracking devices or apps on someone without their consent, a standalone offense.
Currently, Nebraska is one of 19 states that doesn’t have such protections, meaning residents driven by malicious intent or domestic abuse could track victims with impunity.
What LB 1224 Proposes
Here’s what Senator Day’s bill would change:
- Criminalize non-consensual GPS tracking as its own offense.
- Make a first violation a misdemeanor; repeat offenses or violations tied to a protection order, more serious felony charges.
- Include exceptions for legitimate uses, tracking vulnerable adults, business fleets, parents over minors, etc.
Advocates emphasize that such clarity would empower victims, reduce prosecutorial hurdles, and close a gap that currently “emboldens” online and electronic abusers.
Why Nebraska’s Law Feels Outdated
Nebraska law does reference GPS in one narrow context: it allows courts to authorize law enforcement to place trackers with a warrant. However, no existing statute bars private individuals from secretly tracking others.
GPS-tracking isn’t included under “traditional stalking”, which centers on harassment, threats, or direct following, not covert electronic location monitoring.
Why It Matters Right Now
In today’s world, tech devices like AirTags, SmartBeacons, and Bluetooth trackers are cheap, ubiquitous, and easily hidden. Without explicit legal protections, victims, often already in vulnerable situations, can feel targeted without legal recourse .
Supporters argue that without reform, Nebraska leaves its residents open to digital stalking under a system that doesn't reflect how technology can be abused.
Looking Ahead
- If LB 1224 passes, Nebraska would join 19 other states that already prohibit non-consensual electronic tracking.
- Even if the bill fails or stalls, continued attention from media and advocates may encourage lawmakers to revisit and reform stalking statutes.
Key Takeaway
Today, it remains legal in Nebraska to place a hidden GPS tracker on someone without permission. But thanks to recent high-profile cases, like those in Bellevue and Omaha, pressure is increasing. Proposed legislation would specifically outlaw such acts and offer victims clearer protections in the digital age. Nebraska’s law hasn’t caught up yet, but the conversation has begun, and it's about protecting privacy in an increasingly connected world.
Sources:
https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=55222