A bill that would increase penalties for unlawful intrusion advanced from general file Feb. 15.<\/p>\n
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.<\/p>\n
The bill also would increase to a Class IV felony the penalty for making a video or electronic recording of an unlawful intrusion. Distributing such a recording would be a Class III felony.<\/p>\n
Heidemann said he introduced LB61 after hearing from a victim who unknowingly was recorded while undressing and later saw the video posted on the Internet.<\/p>\n
The crime had a severe impact on the victim, he said, but the charge against the perpetrator was minor. Recording someone undressing is not only a sexual offense, Heidemann said, but also a violation of human rights. The punishment should fit the crime, he added.<\/p>\n
The Judiciary Committee introduced an amendment to the bill that revised the definition of intrude to mean the viewing or recording of another person in a state of undress either by video or other electronic means without the person\u2019s consent.<\/p>\n
The amendment also places a three-year statute of limitations on the crime when the victim reaches the age of 21 or when the victim or law enforcement receives constructive notice of either the existence of a video or the distribution of images or video.<\/p>\n
The committee amendment was adopted on a 38-0 vote.<\/p>\n
Heidemann proposed an amendment to LB61 that would require 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.<\/p>\n
Heidemann said the amendment was introduced at the request of the state patrol to remain compliant with the Adam Walsh Child Protection and Safety Act.<\/p>\n
Heidemann\u2019s amendment was adopted 38-0 and the bill advanced from general file on a 40-0 vote.<\/p>\n","protected":false},"excerpt":{"rendered":"
A bill that would increase penalties for unlawful intrusion advanced from general file Feb. 15. Under LB61, introduced by Elk<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[13],"tags":[125],"class_list":["post-3362","post","type-post","status-publish","format-standard","hentry","category-judiciary","tag-sen-lavon-heidemann"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/3362","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3362"}],"version-history":[{"count":4,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/3362\/revisions"}],"predecessor-version":[{"id":10510,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/3362\/revisions\/10510"}],"wp:attachment":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}