Unlawful Use of Mobile Tracking Devices
Nebraska Mobile Tracking Device Law
Location
Enacted by LB935 (2026), this law makes it a felony to put a tracking device or app on someone else's property, or to track a person or their property, without consent, and to fail to remove a device after consent is revoked. Consent is automatically revoked when a spouse files for divorce, annulment, or separation or when a protection order is issued.
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 28-1336 to 28-1339
- Status
- In force
- In force since
- 2026-07-18
- Enforced by
- County attorneys and the Attorney General (criminal prosecution)
- People can sue
- No
- Penalties
- Class IIIA felony (28-1339).
- Applies to
- Any person who installs or uses a mobile tracking device (any physical device, app, software, firmware, account setting, or configuration that collects, transmits, records, or discloses a person's position or movement) (28-1336(2), 28-1337)
- Exceptions include wiretap-compliant and court-ordered tracking, certain parents tracking minor children, physician-certified caregivers of vulnerable or senior adults, good-faith legitimate business or government purposes, and licensed private investigators acting with the property owner's consent for listed purposes (28-1338)
Practices it requires
- Do not knowingly install a mobile tracking device on another person's property, or cause one to track another person or their property, without that person's consent.Neb. Rev. Stat. 28-1337(1)(a)-(b)
- Remove or ensure removal of a consented tracking device once consent is revoked; revocation occurs on notice, on filing for divorce, annulment, or separate maintenance, or on a protection order.Neb. Rev. Stat. 28-1337(1)(c), (2)
Other duties
- Businesses acting in good faith for a legitimate business purpose are exempt, but the exemption does not cover private investigators, who have a narrower consent-based exception.Neb. Rev. Stat. 28-1338(5)-(6)
Sources
- Official text
- Neb. Rev. Stat. 28-1336 (Nebraska Legislature)
- Neb. Rev. Stat. 28-1337 (Nebraska Legislature)
- Neb. Rev. Stat. 28-1338 (Nebraska Legislature)
- Neb. Rev. Stat. 28-1339 (Nebraska Legislature)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Operative date July 18, 2026 is from the statute page annotation (LB935, 2026); the 2026 revisor effective-date table was not yet available.
Research reference, not legal advice.