Increased penalties proposed for unlawful intrusion

The Judiciary Committee heard testimony Jan. 21 on a bill that would increase penalties for unlawful intrusion.

Under LB61, introduced by Elk Creek Sen. Lavon Heidemann, the penalty for viewing a person in a state of undress without their knowledge in a place of solitude or seclusion would increase from a Class III to a Class I misdemeanor. Current law defines a place of solitude or seclusion as one in which a person has a reasonable expectation of privacy, such as a restroom, tanning booth, locker room or dressing room.

The bill also would increase to a Class IV felony the penalty for making a video, audio or electronic recording of an unlawful intrusion, and distributing such a recording would be a Class III felony.

Heidemann said current penalties are insufficient given the impact of the crime on victims.

“Unlawful intrusion is a violation of basic human rights,” he said, “and the penalty should fit the crime.”

Robyn Robles, who was a victim of unlawful intrusion, testified in support of the bill.

The crime was discovered when nude pictures of Robles were posted online by her brother-in-law, she said, causing her great emotional distress. His punishment, she said, was far less than what one would receive for being convicted of petty theft.

“I feel sexually violated and humiliated,” Robles said, adding that she has been diagnosed with post-traumatic stress disorder.

Assistant Attorney General John Freudenberg also testified in support of the bill, saying technological advances likely will make unlawful intrusion more common in the future.

“This bill would better enable the criminal justice system to address this issue,” Freudenberg said.

No opposition testimony was given and the committee took no immediate action on the bill.