Legislature adopts tougher penalties for tech‑enabled stalking and creates swatting offense
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Summary
Senators adopted provisions modernizing stalking and unlawful intrusion statutes to cover mobile tracking devices and drones and created a standalone swatting offense; the floor accepted language limiting misdemeanor exposure for lawful drone operators.
The Legislature adopted the technology modernization division of the judiciary committee package (the LB 10‑20 component incorporated into AM 29‑33), criminalizing misuse of mobile tracking devices and strengthening stalking and unlawful intrusion laws to reflect electronic surveillance and unmanned aircraft risks.
Sponsor Senator Bostar described the changes as necessary to address consumer GPS trackers and software that make stalking "easier, cheaper, and far more invasive." He told colleagues the bill makes it a felony to knowingly install or use a mobile tracking device without consent or to continue tracking after consent has been revoked, while carving out legitimate uses by parents, lawful business uses and FAA‑authorized pilots.
The measure also creates a standalone offense for "swatting" — knowingly and recklessly making false emergency reports that place law enforcement and bystanders at immediate risk — and sets penalties aligned with serious terroristic‑threat offenses. Committee and floor amendments clarified that licensed commercial drone pilots with FAA Part 107 authorization who have flight approvals would not be burdened by redundant notice requirements and narrowed a potential misdemeanor exposure for hobbyists who cooperate with officers to show a device’s manufacturer/registration number.
Supporters pointed to victim testimony and examples where AirTag‑style devices were used to stalk partners and force intrusive surveillance. Opponents pressed on proportionality of penalties; sponsors said exemptions and amended language addressed those concerns. The LB 10‑20 division was adopted as part of the committee package on a floor vote.
Quote: "This bill makes it a 3A felony to knowingly install or use a mobile tracking device without consent," Senator Bostar said, adding the measure "carefully carves out legitimate uses for parents, caregivers, businesses, [and] law enforcement acting under a court order."