Penalties increased for unlawful intrusion

A bill that increases penalties for unlawful intrusion received final approval March 4.

Under LB61, introduced by Elk Creek Sen. Lavon Heidemann, the penalty for viewing or recording a person in a state of undress without his or her knowledge in a place of solitude or seclusion increases 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 increases to a Class IV felony the penalty for making a video or electronic recording of an unlawful intrusion. Distributing such a recording is a Class III felony.

In addition, the bill places a three-year statute of limitations on the crime beginning when a victim reaches the age of 21 or when a victim or law enforcement receives notice of the existence of a video or the distribution of images or video.

Finally, the bill requires a defendant over the age of 19 whose victim was under the age of 18 to register under the Sex Offender Registration and Notification Act.

LB61 passed on a 47-0 vote.