28-311.02. Stalking and harassment; legislative intent; terms, defined.

436 words·~2 min read·/ne/chapter-28/28-311-02

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(1)It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.

(2)For purposes of sections 28-311.02 to 28-311.05 :

(a)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning, contacting, or otherwise communicating with the person;

(b)Family or household member has the same meaning as in section 42-903 ; and

(c)Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose.

Subsection (2)(a) of this section encompasses conduct which "seriously . . . threatens"; it is not limited to threats of physical violence. Diedra T. v. Justina R., 313 Neb. 417, 984 N.W.2d 312 (2023).

Threats of nonphysical harm, such as "outing" a person as "queer" to the person's employer, can constitute threats for purposes of subsection (2)(a) of this section. Diedra T. v. Justina R., 313 Neb. 417, 984 N.W.2d 312 (2023).

Given the language of Nebraska's stalking statutes and the purpose announced by the Legislature for enacting the statutes, an objective construction of the statute is appropriate, and the victim's experience resulting from the perpetrator's conduct should be assessed on an objective basis. In re Interest of Jeffrey K., 273 Neb. 239, 728 N.W.2d 606 (2007).

Nebraska's stalking statutes focus both on the behavior of the perpetrator and on the experience of the victim. In re Interest of Jeffrey K., 273 Neb. 239, 728 N.W.2d 606 (2007).

Evidence was insufficient to support a finding that an alleged harasser's behavior fit the statutory definition of a harassing "course of conduct" as defined by subdivision (2)(b) of this section, where the incident between the alleged harasser and the alleged victims occurred within a span of 10 to 20 minutes on one particular day, and there was no evidence of harassment prior to or after the incident. Knopik v. Hahn, 25 Neb. App. 157, 902 N.W.2d 716 (2017).

Nebraska's stalking and harassment statutes are given an objective construction, and the victim's experience resulting from the perpetrator's conduct should be assessed on an objective basis. Glantz v. Daniel, 21 Neb. App. 89, 837 N.W.2d 563 (2013).