Nebraska Video Recording Laws: What You Can and Cannot Film (2026)

Quick Answer

Nebraska does not have a single statute that governs all video recording. Instead, several laws work together to set the boundaries. Video-only recordings (without audio) are generally not covered by the wiretapping statute, Neb. Rev. Stat. 86-290, which specifically targets the interception of "communications." However, when video recording captures audio, the one-party consent rule applies to the audio portion. Separate criminal statutes under Neb. Rev. Stat. 28-311.08 protect against voyeuristic and intimate image recording.

Detail	Answer
Video-only recording in public	Generally legal
Video with audio	One-party consent required for audio
Recording intimate areas without consent	Class IV felony
Distributing intimate recordings	Class IIA felony (1st/2nd offense)
Key privacy statute	Neb. Rev. Stat. 28-311.08
Key wiretap statute	Neb. Rev. Stat. 86-290
Biometric data law	LB204 effective Jan 1, 2026

Video Recording in Public Spaces

The General Rule

Nebraska places no general prohibition on recording video in public spaces. You have the right to film on public streets, sidewalks, parks, government buildings (where public access is permitted), and other areas open to the general public. This right is grounded in First Amendment protections that courts across the country have consistently upheld.

Activities that are lawful in Nebraska public spaces include:

• Filming street scenes, architecture, and public events
• Recording public protests, rallies, and demonstrations
• Livestreaming activities happening in public view
• Photographing or filming government buildings from public vantage points
• Using a camera or smartphone to record interactions you are involved in

When Audio Changes the Analysis

The distinction between video-only and video-with-audio recording is critical under Nebraska law. The wiretapping statute, Neb. Rev. Stat. 86-290, prohibits the unauthorized interception of "wire, electronic, or oral communications." A pure video recording that captures no sound does not involve the interception of a communication and therefore falls outside the scope of section 86-290.

However, most modern video recordings include an audio track. When your video captures conversations, the one-party consent rule applies to the audio component. If you are a participant in the recorded conversation, you satisfy the consent requirement. If you are recording other people's conversations from a distance without being a party, you may violate the wiretapping statute through the audio capture.

Reasonable Expectation of Privacy

The concept of "reasonable expectation of privacy" plays a central role in determining whether video recording is lawful. In public spaces, people generally have a reduced expectation of privacy. However, even in public settings, some behaviors may cross legal boundaries:

• Recording someone in a public restroom is illegal
• Filming up someone's clothing or down their shirt is illegal regardless of the location
• Using zoom lenses or other technology to capture images that would not be visible to the naked eye from a public vantage point may raise privacy concerns

Video Recording on Private Property

Property Owner Rights

On private property, the property owner or occupant sets the rules for video recording. If a business posts signs stating "No Photography" or "No Video Recording," you must comply or leave the premises. Refusing to stop recording after being asked can result in a trespassing charge under Nebraska law.

Key principles for private property recording:

• Business owners can prohibit recording in their establishments
• Homeowners control what recording occurs in their homes
• Private event organizers can restrict filming at their events
• Recording in someone else's home without their knowledge raises both trespass and privacy concerns

Places of Solitude or Seclusion

Neb. Rev. Stat. 28-311.08 provides heightened protection for "places of solitude or seclusion." These specifically include:

• Restrooms
• Tanning booths
• Locker rooms
• Shower rooms
• Fitting rooms and dressing rooms

Knowingly intruding upon another person in such a place without consent is a Class I misdemeanor for a first offense and a Class IV felony for a second or subsequent offense. This applies regardless of whether a recording device is used. The mere act of intrusion is sufficient for criminal liability.

Intimate Image Recording Laws

Neb. Rev. Stat. 28-311.08: The Core Prohibition

Nebraska's intimate image recording statute makes it a serious crime to record another person's intimate areas without their knowledge and consent. Under section 28-311.08, it is illegal to knowingly and intentionally photograph, film, or record an image or video of another person's intimate area without that person's knowledge and consent.

An "intimate area" includes the genitals, pubic area, buttocks, or female breast of any person. The statute applies regardless of whether the victim is in a public or private location.

Penalties for Intimate Image Recording

Offense	Classification	Maximum Penalty
Recording intimate areas without consent	Class IV Felony	Up to 2 years prison, $10,000 fine
Distributing intimate recordings (1st or 2nd offense)	Class IIA Felony	Up to 20 years prison
Distributing intimate recordings (3rd or subsequent offense)	Class II Felony	1 to 50 years prison

These are among the most severe recording-related penalties in Nebraska law, reflecting the legislature's view that non-consensual intimate recording represents a serious violation of personal dignity and privacy.

Distribution and Revenge Imagery

Nebraska law treats the distribution of non-consensual intimate recordings as an even more serious offense than the recording itself. Under section 28-311.08, distributing images or video of a person's intimate areas without their consent carries Class IIA felony penalties for a first or second offense (up to 20 years in prison) and Class II felony penalties for a third or subsequent offense (1 to 50 years in prison).

This provision addresses what is commonly known as "revenge imagery" or non-consensual intimate image sharing. It applies whether the original recording was made with or without consent. Even if someone consented to being recorded, distributing that recording without their consent is a separate felony offense.

Video Recording and Biometric Data

The Biometric Autonomy Liberty Law (LB204)

Nebraska's Biometric Autonomy Liberty Law, effective January 1, 2026, introduces new requirements for video recording systems that capture or process biometric data. The law requires explicit written consent before collecting biometric identifiers, which include:

• Facial geometry data
• Retina or iris scans
• Other unique biological patterns used for identification

Practical Impact on Video Systems

If you operate security cameras, video doorbells, or any other video recording system that uses facial recognition technology, you must obtain written consent from individuals before their facial geometry data is collected or processed. This applies to:

• Business security systems with facial recognition capabilities
• Smart doorbell cameras that identify visitors by face
• Retail analytics systems that track customers through facial mapping
• Any AI-powered video system that creates or stores facial templates

Standard video recording that does not process biometric identifiers is not affected by LB204. A simple security camera that records video footage without running facial recognition software does not trigger the consent requirement.

Recording Government Proceedings

Open Meetings Act

Nebraska's Open Meetings Act, Neb. Rev. Stat. 84-1407 et seq., guarantees the right to record public government meetings. Under this act, all or any part of a meeting (except closed sessions) may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance.

Public bodies may establish reasonable rules about the conduct of persons recording their meetings (such as designating camera positions or limiting movement during proceedings), but they cannot prohibit recording altogether. This right extends to:

• City and village council meetings
• County board meetings
• School board meetings
• State legislative proceedings
• Public hearings and committee meetings
• Virtual and hybrid meetings held by public bodies

Court Proceedings

Video recording in Nebraska courtrooms is subject to the discretion of the presiding judge. Nebraska Supreme Court rules govern media coverage of court proceedings. Cameras may be permitted in some proceedings but are often restricted in sensitive cases, jury trials, or proceedings involving minors.

Video Recording by Law Enforcement

Body Cameras and Dashcams

Nebraska does not have a comprehensive statewide law mandating body cameras for law enforcement officers. Individual law enforcement agencies set their own policies regarding body-worn and vehicle-mounted camera use. The Nebraska Legislature has considered but not enacted mandatory body camera legislation.

When law enforcement agencies do use body cameras and dashcams, the recordings are generally considered public records subject to Nebraska's public records laws. However, access to specific recordings may be restricted based on ongoing investigations, privacy concerns, or other exemptions.

Surveillance and Warrant Requirements

Law enforcement officers in Nebraska must generally obtain a warrant before conducting video surveillance of areas where individuals have a reasonable expectation of privacy. The Fourth Amendment to the U.S. Constitution and Article I, Section 7 of the Nebraska Constitution protect against unreasonable searches, which includes certain forms of video surveillance.

Court orders for electronic surveillance in Nebraska are governed by Neb. Rev. Stat. 86-291 and are limited to investigations of serious felonies, including murder, kidnapping, drug trafficking, sexual assault, and child exploitation.

Using Video Recordings as Evidence

Admissibility Standards

Video recordings are generally admissible as evidence in Nebraska courts if they meet the following criteria:

• Authentication -- The proponent must establish that the video accurately depicts what it purports to show and has not been altered or manipulated
• Relevance -- The video must relate to the issues in the case
• Chain of custody -- For video from surveillance systems, the proponent should be able to trace the recording's handling from capture to courtroom
• Prejudice analysis -- The court may exclude video whose prejudicial impact substantially outweighs its probative value

Metadata and Timestamps

Courts increasingly consider the metadata embedded in video files, including timestamps, GPS coordinates, device information, and file integrity data. Preserving this metadata strengthens the evidentiary value of a video recording. Editing or converting video files in ways that strip metadata can undermine their admissibility.

Nebraska Data Privacy Act Considerations

The Nebraska Data Privacy Act (LB1074), effective January 1, 2025, applies to businesses that process personal data of Nebraska residents. Video recordings that capture identifiable individuals constitute personal data under this act. Businesses that collect, store, or process such recordings must:

• Provide clear notice of their data collection practices
• Honor consumer requests to access, correct, or delete their personal data
• Maintain reasonable data security measures
• Limit the collection of personal data to what is reasonably necessary

This act adds a compliance layer for businesses that use video surveillance, requiring transparency about how footage is collected, stored, and used.

More Nebraska Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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