Unlawful intrusion is a criminal charge that arises when one party is accused of violating the privacy rights of another.
An unlawful intrusion charge can cover a variety of different behaviors, from window peeping to installing hidden cameras in bathrooms.
Many people have never heard of unlawful intrusion, meaning they do not realize the stiff penalties that a charge can entail.
Thus, it is critical to hire an experienced criminal defense lawyer who can explain the aspects of an unlawful intrusion charge and work on a strategy to defend your rights.
With more than 25 years of experience handling criminal defense matters, our team at Petersen Criminal Defense Law is confident in our ability to advocate for you. Contact our office today to discuss your case.
What Is Unlawful Intrusion in Nebraska?
Unlawful intrusion is defined in multiple different ways.
Intrusion Without Consent
First, unlawful intrusion occurs when a person knowingly intrudes upon another person without their consent in a place of solitude or seclusion.
A violation of this section of the unlawful intrusion statute is considered a Class I misdemeanor. A second or subsequent violation is considered a Class IV felony.
Photographs, Films, or Records Images
Second, unlawful intrusion occurs when a person knowingly and intentionally photographs, films, or otherwise records an image or video of an intimate area of another person without their consent when their intimate area would not be generally visible to the public, regardless of whether the other person is in public or private.
A violation of this section is considered a Class IV felony. The statute also prohibits the distribution or publication of the image or video, which is considered a Class IIA felony.
Third, unlawful intrusion occurs when a person knowingly and intentionally distributes an image or video of another person’s intimate area while engaged in sexually explicit conduct:
- If the other person had a reasonable expectation that the content would remain private,
- Knowing the other person did not consent to its distribution or publication, and
- If distributing or publicizing the content serves no legitimate purpose.
Making such images public in any way could be considered distribution for purposes of this section of the statute.
Fourth, unlawful intrusion occurs when someone threatens to distribute or publicize an image or video of another person’s intimate area or of another person engaged in sexually explicit conduct with the intent to intimidate, threaten, or harass any person. A violation of this section is considered a Class I misdemeanor.
Penalties for Unlawful Intrusion in Nebraska
A Class I misdemeanor in Nebraska carries the potential for up to one year in jail and a fine of up to $1,000.
A Class IV felony carries the potential for up to two years in prison and twelve months of post-release supervision, in addition to a fine of up to $10,000.
A Class IIA felony carries the potential for up to twenty years in prison.
If the defendant was over 19 and the victim was under 18 at the time of the offense, Nebraska law requires the defendant to register as a sex offender.
Landing on the sex offender registry can inflict irreparable harm to your reputation and lead to your personal information becoming publicly accessible.
Examples of Unlawful Intrusion
Unlawful intrusion statutes aim to prevent anyone from invading a person in their secluded space, like their bedroom, as well as taking inappropriate videos or images of someone without their consent.
The statute initially aimed to address those accused of looking into bedroom windows at night and attempting to see someone undressing or in a compromising position. Let’s look at some examples of how the law has worked.
In May 2023, a Nebraska man was charged with unlawful intrusion following allegations that he was looking into a bedroom window around midnight.
A teacher in Nebraska faced unlawful intrusion charges in January 2020 when he recorded an underage girl in the shower.
Later, sections of the statute were added that aim to prevent the non-consensual distribution of images or videos that show another person’s intimate areas or another person engaged in a sexual act.
Typically, this portion of the statute refers to cases involving “revenge porn.” For example, a Nebraska man faced charges in December 2022 after posting intimate photos of his former girlfriend on social media after their break up.
Contact a Nebraska Unlawful Intrusion Attorney Today
We will advocate for your interests and fight to secure a favorable outcome on your behalf. Contact Petersen Criminal Defense Law so a member of our team can review your case.