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Legislature considers sweeping update to tech‑era crimes: drones, tracking and swatting
Summary
Sen. Elliot Bostar told the Judiciary Committee LB 10 20 would modernize Nebraska's criminal code to address GPS trackers, drone surveillance, and swatting; law enforcement and prosecutors backed the measure while civil liberties and defense groups raised concerns about penalties and duplicative statutes.
Sen. Elliot Bostar opened the hearing on LB 10 20 by saying the bill modernizes Nebraska’s criminal code to address new threats enabled by consumer technology: GPS trackers and tracking software, drones used to view or record people in private settings, and the practice of “swatting” that can place people and first responders at imminent risk.
Bostar said the bill would make it a felony to knowingly install or use a mobile tracking device without consent and would expand stalking and unlawful‑intrusion definitions to cover electronic surveillance and drones. He also proposed a standalone swatting offense with escalating penalties and restitution when significant resources are expended.
County attorneys and many police chiefs and sheriff’s offices testified in support, describing incidents where trackers, unauthorized drones, and swatting calls created real danger and investigative challenges. Lincoln Police Chief Michon Morrow and the Douglas County Sheriff’s Office described hundreds of tracking‑related incidents and a growing number of unauthorized drone responses around critical infrastructure. Prosecutor Rachel Bolton urged the committee to eliminate the presumption of probation for some class‑4 felonies to allow judges more sentencing discretion.
Opponents including the ACLU and the Nebraska Criminal Defense Attorneys Association warned against creating overlapping or duplicative crimes and urged caution on raising penalties broadly. They suggested some misconduct is already prosecutable under existing statutes (false reporting, criminal impersonation, unlawful intrusion) and questioned whether a new swatting offense or removal of presumptive probation is necessary or proportionate.
Committee members asked about FAA‑controlled airspace, the Part 107 exemption for licensed professional drone pilots (AM1779), caregiver exceptions for tracking of vulnerable adults and parents tracking minors, and the fiscal and implementation implications of removing presumptive probation. The sponsor and law enforcement said they would work on wording and targeted carve‑outs to reduce unintended consequences.
No committee vote was taken at the hearing; testimony will inform possible amendments.
