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

In Nebraska, silent video recording in public spaces is generally legal because the wiretapping statute, Neb. Rev. Stat. 86-290, covers audio interception only. When your video captures audio, one-party consent applies. Recording someone's naked or underwear-covered intimate areas without consent, where they would not normally be visible to the public, is a felony under Neb. Rev. Stat. 28-311.08.

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.

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, the public areas of many government buildings (subject to posted rules), and other areas open to the general public. In the Eighth Circuit, which includes Nebraska, the First Amendment protects photographing and video recording in public when it is done to gather and share information (Ness v. City of Bloomington, 2021). The court noted that recording unrelated to an expressive purpose may not be protected, and it has not decided whether the First Amendment protects recording police officers.

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:

• Viewing or recording someone in a state of undress in a public restroom without consent 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. A recording is not required: viewing a person in a state of undress in such a place without consent is enough.

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 a Class IV felony 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 when the intimate area would not be generally visible to the public, such as filming up a skirt or into a changing stall.

An "intimate area" means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast. Filming a clothed person, or someone in a swimsuit on a public beach, is not covered. The statute applies regardless of whether the victim is in a public or private location.

2026 LB935 (approved by the Governor April 14, 2026, operative July 18, 2026) expanded the statute's definition of "intrude" to expressly cover drones and other unmanned aircraft: viewing or recording a person in a state of undress through electronic or other remote means, including but not limited to by unmanned aircraft, now falls within the statute.

Penalties for Intimate Image Recording

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 sharing an illegally made intimate recording as an even more serious offense than the recording itself. Under section 28-311.08(3), sharing an image or video recorded in violation of subsection (2) without the person's 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. Sharing an intimate image that was made with consent, without the person's consent to share it, is a separate offense under subsection (4) when the person reasonably expected it to stay private and sharing it serves no legitimate purpose. That offense is a Class I misdemeanor the first time and a Class IV felony after that.

Video Recording and Biometric Data

LB204: Indefinitely Postponed

LB204 (the Biometric Autonomy Liberty Law) was indefinitely postponed by the Nebraska Legislature on April 17, 2026 and did not become law. Nebraska has no dedicated biometric privacy statute like Illinois's BIPA. The Nebraska Data Privacy Act treats biometric data processed to identify a person as sensitive data, and a covered business may not process it without the consumer's consent (Neb. Rev. Stat. 87-1112, 87-1102). The Act does not reach small businesses under the federal Small Business Act, nonprofits, government bodies and some other entities (87-1103), employee data, purely personal or household use, or processing to prevent or respond to security incidents, fraud, or illegal activity (87-1126). Federal law and Nebraska's statutory invasion-of-privacy action (Neb. Rev. Stat. 20-203) still apply.

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. The recording right itself is set out in Neb. Rev. Stat. 84-1412: 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
• Public hearings and committee meetings
• Virtual and hybrid meetings held by public bodies

The Legislature is not listed among the public bodies in the Act's definition (Neb. Rev. Stat. 84-1409), so recording in the legislative chambers and galleries is governed by the Legislature's own rules.

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 require police to wear body cameras, but any agency that uses them must first adopt a written policy that meets state minimum standards, including officer training and keeping recordings for at least 90 days (Neb. Rev. Stat. 81-1453 and 81-1454). Dashcam use is left to agency policy.

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 to intercept phone calls, electronic messages, or private conversations are governed by Neb. Rev. Stat. 86-291 and are limited to listed offenses, including murder, kidnapping, robbery, bribery, extortion, drug dealing, human trafficking, sexual assault of a child or vulnerable adult, and child sexual 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, can apply to larger businesses that process consumers' personal data, including identifiable video. Under Neb. Rev. Stat. 87-1103, it does not cover businesses that count as small businesses under the federal Small Business Act (except for selling sensitive data), nonprofits, government bodies, financial institutions, HIPAA-covered entities, colleges, and some utilities. It also does not cover people acting in an employment or commercial context, so footage of employees falls outside it. Covered businesses 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
• Get the consumer's consent before processing biometric data used to identify a person (Neb. Rev. Stat. 87-1112)

For covered businesses, this act adds a compliance layer for 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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Frequently Asked Questions

Is it legal to record video in public in Nebraska?

Yes. Nebraska has no general law prohibiting video recording in public spaces. You can film on public streets, sidewalks, parks, and other areas open to the public. If your video captures audio of conversations, the one-party consent rule applies to the audio portion under Neb. Rev. Stat. 86-290.

Can someone record me on video without my consent in Nebraska?

In public spaces, yes. You generally have no expectation of privacy in public areas, and others can record you. In private settings, the property owner controls whether recording is permitted. Recording someone's naked or underwear-covered intimate areas without consent, where they would not normally be visible to the public, is a Class IV felony under Neb. Rev. Stat. 28-311.08.

What is the penalty for recording intimate images without consent in Nebraska?

Recording another person's naked or underwear-covered intimate areas without their knowledge and consent, where they would not normally be visible to the public, is a Class IV felony, carrying up to 2 years in prison, a $10,000 fine, or both. Sharing such an illegal recording is a Class IIA felony (up to 20 years in prison) for a first or second offense and a Class II felony (1 to 50 years) after that. Sharing an intimate image that was made with consent, without consent to share it, is a Class I misdemeanor the first time and a Class IV felony for a repeat offense.

Does Nebraska's Biometric Autonomy Liberty Law affect video recording?

LB204 (Biometric Autonomy Liberty Law) was indefinitely postponed on April 17, 2026 and did not become law. But a business covered by the Nebraska Data Privacy Act needs consumers' consent before using facial recognition or other biometric processing to identify them (Neb. Rev. Stat. 87-1112), unless an exemption applies, such as small businesses, employee data, personal or household use, or security and fraud prevention. Standard video recording rules under Neb. Rev. Stat. 86-290 and 28-311.08 continue to apply.

Can I record a government meeting in Nebraska?

Yes. Nebraska's Open Meetings Act (Neb. Rev. Stat. 84-1407 et seq.) guarantees the right to videotape, photograph, broadcast, or record any open portion of a public body's meeting. Public bodies may set reasonable rules about recording conduct but cannot prohibit recording altogether.