Nebraska Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)

Nebraska prohibits voyeuristic recording under Neb. Rev. Stat. 28-311.08, which makes photographing or filming another person's naked or underwear-covered intimate areas without their knowledge and consent, when those areas would not be generally visible to the public, a Class IV felony. The same statute treats viewing or recording someone in a state of undress in a restroom, locker room, or similar private space without consent (unlawful intrusion) as a Class I misdemeanor, escalating to a Class IV felony for repeat offenses.

Quick Answer

Nebraska treats voyeuristic recording as a serious felony offense. Under Neb. Rev. Stat. 28-311.08, knowingly and intentionally photographing, filming, or recording an image or video of another person's naked or underwear-covered intimate areas without their knowledge and consent, when those areas would not be generally visible to the public, is a Class IV felony. The law also criminalizes the distribution of such images and provides additional protections against intrusion in private spaces. Nebraska's approach reflects a strong legislative commitment to protecting personal privacy and dignity.

Understanding Nebraska's Voyeurism Statute

Neb. Rev. Stat. 28-311.08: Structure and Scope

Nebraska's primary voyeurism and privacy protection statute is Neb. Rev. Stat. 28-311.08. This statute addresses five distinct offenses:

1. Intrusion upon seclusion -- Knowingly intruding upon another person in a place of solitude or seclusion without consent, where "intrude" means viewing or recording another person in a state of undress
2. Intimate area recording -- Knowingly and intentionally photographing, filming, or recording another person's naked or underwear-covered intimate areas without knowledge and consent, when those areas would not normally be visible to the public
3. Sharing an illegal recording -- Sharing an image or video recorded in violation of the intimate area recording offense without the person's consent
4. Sharing a consensually made intimate image -- Sharing an intimate image or video when the person reasonably expected it to stay private, knowing they did not consent to sharing it, and when sharing it serves no legitimate purpose
5. Threatening to share -- Threatening to share an intimate image or video with the intent to intimidate, threaten, or harass any person

Each offense carries different penalties, with sharing an illegal recording treated most severely.

What Constitutes an "Intimate Area"

Under Nebraska law, an "intimate area" means the naked or undergarment-clad:

• Genitals
• Pubic area
• Buttocks
• Female breast

The recording offense applies when the intimate area would not be generally visible to the public. This means the law protects individuals not only in private spaces like homes and bathrooms but also in public settings where clothing or physical barriers would normally conceal these areas. Filming a clothed person, or someone in a swimsuit on a public beach, is not covered.

For example, using a hidden camera placed at floor level to record up someone's skirt in a grocery store violates this statute, even though the victim is in a public space. The expectation of privacy attaches to the intimate area itself, not solely to the location.

What Constitutes a "Place of Solitude or Seclusion"

The statute defines a place of solitude or seclusion as a place where a person would intend to be in a state of undress and have a reasonable expectation of privacy, and specifically identifies several locations:

• Restrooms -- Both public and private facilities
• Tanning booths -- Commercial tanning facilities
• Locker rooms -- Athletic, workplace, and school locker rooms
• Shower rooms -- Communal and private shower facilities
• Fitting rooms -- Retail and commercial dressing areas
• Dressing rooms -- Backstage, theatrical, and similar areas

This list is not exhaustive. Courts may recognize additional locations as places of solitude or seclusion based on the circumstances and the reasonable expectations of the persons present.

Criminal Penalties in Detail

Intrusion Upon Seclusion

Knowingly intruding upon another person in a place of solitude or seclusion without consent carries the following penalties:

• First offense -- Class I misdemeanor: up to 1 year in jail, up to $1,000 fine, or both
• Second or subsequent offense -- Class IV felony: up to 2 years in prison plus 12 months post-release supervision, up to a $10,000 fine, or both

The intrusion offense does not require the use of a recording device. Under the statute, "intrude" means viewing another person in a state of undress as it is occurring, or recording another person in a state of undress, so watching someone undressed in a place of solitude or seclusion without consent can be enough for criminal liability.

Intimate Area Recording

Knowingly and intentionally photographing, filming, or recording another person's naked or underwear-covered intimate areas without their knowledge and consent, when those areas would not normally be visible to the public, is a Class IV felony:

• Up to 2 years in prison plus 12 months post-release supervision
• A fine of up to $10,000
• Or both

Under Neb. Rev. Stat. 29-2204.02, a court must impose probation for a Class IV felony unless the defendant is also being sent to prison for a more serious felony, was originally charged with a higher felony, is a habitual criminal, or the court finds substantial and compelling reasons the person cannot be safely supervised in the community.

Distribution of Intimate Recordings

The most severe penalties under section 28-311.08 apply to sharing an image or video that was recorded illegally under the intimate area recording offense:

Sharing an intimate image that was made with consent, without consent to share it, is a separate offense: a Class I misdemeanor for a first offense and a Class IV felony for a repeat offense, when the person reasonably expected it to stay private and sharing it serves no legitimate purpose. Threatening to share an intimate image to intimidate, threaten, or harass someone is a Class I misdemeanor.

These penalties reflect Nebraska's recognition that distributing intimate images causes harm that extends far beyond the initial recording. The widespread dissemination of intimate images through the internet and social media can cause lasting psychological, professional, and social damage to victims.

Hidden Cameras: Specific Scenarios

Hidden Cameras in Bathrooms

A hidden camera in a bathroom that records people in a state of undress is one of the most clear-cut violations of Nebraska voyeurism law. Bathrooms are specifically listed as places of solitude or seclusion under section 28-311.08, and recording a person in a state of undress there without consent meets the statute's definition of "intrude." A person whose hidden recording device in a bathroom captures someone in a state of undress faces:

• Intrusion upon seclusion charges (Class I misdemeanor or Class IV felony)
• Intimate area recording charges (Class IV felony) if intimate areas are captured
• Distribution charges (Class IIA or Class II felony) if recordings are shared

Multiple charges can arise from a single hidden camera installation, and each victim recorded may constitute a separate offense.

Hidden Cameras in Bedrooms

While bedrooms are not specifically listed in the statute's enumeration of places of solitude or seclusion, they are among the most private spaces in a home. Courts would almost certainly consider a bedroom to be a place where a person has a reasonable expectation of privacy. Installing hidden cameras in another person's bedroom without consent can result in:

• Voyeurism charges under section 28-311.08 if the camera views or records the person undressed or captures intimate areas not generally visible to the public
• Wiretapping charges under section 86-290 if audio is captured
• Civil liability for invasion of privacy

Hidden Cameras in Rental Properties

Landlords whose hidden cameras in rental units view or record tenants undressed face serious criminal liability. Tenants have a strong expectation of privacy within their rented living spaces. A landlord's hidden recording device in a tenant's apartment, particularly in a bedroom or bathroom, can violate section 28-311.08 if it views or records a tenant undressed or captures intimate areas, and the landlord may face:

• Criminal charges under section 28-311.08
• Civil liability for invasion of privacy
• Lease violations and potential housing authority complaints
• Federal fair housing implications if the surveillance targets protected classes

Hidden Cameras in the Workplace

Employers should not install hidden cameras in locations where employees have a reasonable expectation of privacy. Bathrooms, locker rooms, and changing areas are strictly off-limits, and a nursing room can qualify as a place of solitude or seclusion even though the statute does not name it. While employers may use visible security cameras in common work areas, a hidden camera in a private space violates section 28-311.08 if it views or records an employee undressed or captures intimate areas that would not be generally visible to the public, and it may also violate federal workplace privacy standards.

Relationship to the Wiretapping Statute

Nebraska's voyeurism statute (28-311.08) and wiretapping statute (86-290) address different but sometimes overlapping aspects of recording privacy:

• Section 28-311.08 targets visual recording of intimate areas and intrusion into private spaces
• Section 86-290 targets the interception of audio communications

When a hidden camera captures both video and audio, the person who installed it can face charges under both statutes. The voyeurism statute addresses the visual component, while the wiretapping statute addresses any captured audio. These charges can be brought simultaneously, as they protect different privacy interests.

Consent and Its Boundaries

What Constitutes Valid Consent

For purposes of section 28-311.08, consent must be:

• Knowing -- The person must be aware that recording will occur
• Voluntary -- Consent obtained through coercion, threats, or deception is not valid
• Specific -- Consent to be recorded in one context does not extend to other contexts

Consent to appear in a photograph or video does not automatically include consent to have intimate areas recorded. Similarly, consent to be recorded at one time does not create blanket consent for future recording.

Consent Cannot Be Given by Minors for Intimate Recording

Nebraska law provides additional protections for minors. A minor cannot consent to the recording of their intimate areas. Any person who records intimate images of a minor faces both voyeurism charges under section 28-311.08 and potential child exploitation charges under separate Nebraska statutes.

Withdrawn Consent

If a person initially consents to being recorded but later withdraws that consent, continuing to record constitutes a violation. Similarly, if intimate images were originally recorded with consent, distributing them without consent can violate subsection (4) of section 28-311.08 when the person had a reasonable expectation that the images would remain private and the distribution serves no legitimate purpose.

Civil Remedies for Victims

Tort Claims

Victims of voyeuristic recording in Nebraska can pursue civil remedies in addition to criminal prosecution. Available civil claims include:

• Invasion of privacy (intrusion upon seclusion) -- The victim can sue for the emotional distress caused by the unauthorized recording
• Intentional infliction of emotional distress -- When the conduct is sufficiently outrageous
• Negligent infliction of emotional distress -- In some circumstances
• Civil conspiracy -- If multiple individuals participated in the voyeuristic activity

Damages Available

Civil plaintiffs in voyeurism cases may recover:

• Compensatory damages for emotional distress, anxiety, and psychological harm
• Medical and therapy expenses
• Lost wages if the victim was unable to work due to the impact of the violation
• Nominal and general damages for the invasion of privacy itself

Nebraska does not allow punitive damages (Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846 (1989)). If the recording captured a private conversation, Neb. Rev. Stat. 86-297 also lets the court award either actual damages plus the violator's profits or statutory damages of $100 a day or $10,000, whichever is greater, along with reasonable attorney's fees.

Statute of Limitations

A lawsuit for invasion of privacy in Nebraska, including intrusion on someone's solitude or seclusion under Neb. Rev. Stat. 20-203, must be filed within one year of the date the claim arose (Neb. Rev. Stat. 20-211). Talk to a lawyer quickly, because other claims can have different deadlines. For claims arising from the interception of communications, Neb. Rev. Stat. 86-297 provides a two-year limitations period from the date of discovery.

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 BIPA-style biometric privacy statute. Hidden camera systems that use facial recognition remain subject to the voyeurism and privacy protections of Neb. Rev. Stat. 28-311.08. An individual's purely personal or household use falls outside the Nebraska Data Privacy Act (Neb. Rev. Stat. 87-1126), but a business covered by that Act needs consent before using biometric data to identify someone (87-1112), with exemptions that include small businesses, employee data, and security or fraud prevention.

Sex Offender Registration

A conviction for voyeuristic recording in Nebraska triggers mandatory sex offender registration under the Nebraska Sex Offender Registration Act (Neb. Rev. Stat. 29-4003) when the court finds that the defendant was 19 years of age or older and the victim was under 18 years of age at the time of the offense, for a conviction under subsection (1), (2), or (3) of Neb. Rev. Stat. 28-311.08 -- that is, an intrusion-upon-seclusion, intimate-area-recording, or distribution offense.

Registration lasts 15 years for a misdemeanor conviction and 25 years for a felony conviction, and becomes lifetime only for an aggravated offense, a prior sex offense conviction, or lifetime status in another jurisdiction (Neb. Rev. Stat. 29-4005). It brings regular reporting requirements and public listing on the sex offender registry.

Defenses to Voyeurism Charges

Lack of Knowledge or Intent

Section 28-311.08 requires that the recording be made "knowingly and intentionally." A defendant who can demonstrate that the recording was accidental or unintentional may have a valid defense. For example, a security camera that incidentally captures footage of a dressing area due to poor placement, without any intent to record intimate areas, may not satisfy the knowledge and intent requirements.

Consent

Lack of consent is part of what the prosecution must prove under Neb. Rev. Stat. 28-311.08, so evidence that the person knowingly agreed to be viewed or recorded defeats the charge. Courts scrutinize claimed consent carefully, and consent to one recording does not extend to others.

Constitutional Challenges

In limited circumstances, defendants have raised First Amendment challenges to voyeurism statutes. How such a challenge fares depends on how narrowly a statute is drawn. Nebraska's offense is limited to intimate areas that would not be generally visible to the public, recorded without the person's knowledge and consent.

Reporting Voyeurism in Nebraska

If you believe you are a victim of voyeuristic recording or have discovered a hidden camera, you should:

1. Do not touch or move the device -- Preserving the evidence as found helps law enforcement investigate
2. Contact local law enforcement -- Call 911 if you are in immediate danger, or contact your local police department to file a report
3. Document the scene -- If possible, photograph the location of the device and your surroundings
4. Contact an attorney -- A lawyer can help you pursue both criminal charges and civil remedies
5. Seek support -- The Nebraska Coalition to End Sexual and Domestic Violence lists local programs that support victims

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

What is the penalty for hidden cameras in Nebraska?

Using a hidden camera to record another person's naked or underwear-covered intimate areas without consent, when they would not be generally visible to the public, is a Class IV felony under Neb. Rev. Stat. 28-311.08, carrying up to 2 years in prison, a $10,000 fine, or both. Distributing the recordings is a Class IIA felony (up to 20 years) for a first or second offense. If the camera is in a place of solitude or seclusion like a bathroom, additional intrusion charges may apply.

Is it illegal to put a camera in a bathroom in Nebraska?

Yes, when the camera is used to view or record people in a state of undress. Recording someone in a state of undress with a camera placed in a bathroom is illegal under multiple provisions of Neb. Rev. Stat. 28-311.08. Recording a person in a state of undress in a bathroom without consent constitutes intrusion upon seclusion (Class I misdemeanor for first offense, Class IV felony for repeat offenses) and, if intimate areas are captured, intimate area recording (Class IV felony). Bathrooms are specifically identified as places of solitude or seclusion under the statute.

What are Nebraska's revenge imagery laws?

Nebraska criminalizes the distribution of non-consensual intimate images under Neb. Rev. Stat. 28-311.08. Distributing an intimate image that was recorded without the person's knowledge and consent 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) for a third or subsequent offense. If the original image was made with consent but is distributed without consent, a separate subsection can apply when the person reasonably expected the image to remain private and the distribution serves no legitimate purpose: a Class I misdemeanor, and a Class IV felony for a second or subsequent violation.

Can I sue someone for voyeurism in Nebraska?

Yes. In addition to criminal prosecution, you can file a civil lawsuit for invasion of privacy, intentional infliction of emotional distress, and related claims. Remedies include damages for emotional harm, medical expenses, and lost wages; Nebraska does not allow punitive damages. Attorney's fees are available if the recording illegally captured a private conversation (Neb. Rev. Stat. 86-297). An invasion-of-privacy lawsuit must be filed within one year (Neb. Rev. Stat. 20-211).

Does Nebraska have a sex offender registration requirement for voyeurism convictions?

It depends on the ages involved. Registration under the Nebraska Sex Offender Registration Act (Neb. Rev. Stat. 29-4003) is mandatory when the defendant was 19 or older and the victim was under 18 at the time of an intrusion-upon-seclusion, intimate-area-recording, or distribution conviction under Neb. Rev. Stat. 28-311.08.