Bill would criminalize nonconsensual placement of tracking devices after survivor testimony

Sen. Carolyn Boson introduced LB 10 59 to criminalize knowingly installing or using mobile tracking devices or tracking software to track another person or their property without consent, with enhanced penalties when conduct occurs against people subject to protection orders or with prior domestic‑violence convictions. The bill also creates presumptions that consent is revoked after a filer seeks a protection order or files for divorce; AM2012 was distributed to refine the definition of “mobile tracking device” and to limit some enhanced penalties to offenders with prior qualifying convictions.

Prosecutors, detectives and several survivors described how inexpensive devices and phone‑based tracking tools have been hidden in vehicles, luggage or personal items and used to terrorize victims and their families. Detective Karen Wrigley and other investigators said these devices are easy to conceal and often go undetected, complicating early intervention. Survivor Alicia Herman recounted finding three trackers on or in her vehicle; police initially had no criminal remedy under existing law.

Rachel Bolton and other prosecutors urged a statutory fix so single tracker placements can be charged without having to stitch together a broader stalking course‑of‑conduct case. Law enforcement witnesses said clarifying the definition to include software and digital tracking will help investigations. Neutral and defense testimony urged clear limitations and careful drafting to avoid criminalizing legitimate uses (shared family location services, business asset tracking) and to ensure exceptions for caregivers and parents are explicit.

The sponsor pledged to work with stakeholders on language clarifying ownership, consent presumptions for protection orders and carve‑outs for legitimate uses; the panel heard wide survivor testimony and law‑enforcement support but did not vote on the measure at the hearing.