Nebraska Revised Statutes

Neb. Rev. Stat. § 28-311.02 (2026)

Stalking and harassment; legislative intent; terms, defined

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 53 cases (24 in the last 5 years), 1996–2026 · leading case: In Re Interest of Jeffrey K., 728 N.W.2d 606 (Neb. 2007).

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In Re Interest of Jeffrey K., 728 N.W.2d 606 (Neb. 2007). · cites it 12× “had committed the criminal misdemeanor offense of stalking as set forth in Neb. Rev. Stat. §§ 28-311.02 (2)(a) and 28-311.”

Diedra T. v. Justina R., 984 N.W.2d 312 (Neb. 2023). · cites it 12× “2 However, where the credible evidence is in conflict on a material issue of fact, the appellate court consid- ers and may give weight to the circumstances that the trial judge heard and observed the witnesses and accepted one ver- sion of the facts rather than another.”

Rosberg v. Rosberg, 25 Neb. Ct. App. 856 (Neb. Ct. App. 2018). · cites it 5× “09, and the definition of certain terms, are contained in Neb. Rev. Stat. § 28-311.02 (Reissue 2016), which provides in relevant part: (1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed,…”

Hawkins v. Delgado, 308 Neb. 301 (Neb. 2021). · cites it 11× “02 may file a petition and affidavit for a harassment protection order as provided in subsection (3) of this section. . .”

Robert M. on behalf of Bella O. v. Danielle O., 303 Neb. 268 (Neb. 2019). · cites it 3× “" Neb. Rev. Stat. § 28-311.02 (2)(a) and (b) (Reissue 2016).”

Dugan v. Sorensen, 319 Neb. 326 (Neb. 2025). · cites it 20× “In harassment protection order cases, a petitioner must prove at least two separate acts of harassment to establish a course of conduct within the meaning of Neb. Rev. Stat. § 28-311.02 (2)(b) (Reissue 2016).”

Linda N. v. William N., 289 Neb. 607 (Neb. 2014). · cites it 4× “27 As we have stated, the only differences between the two are that they have “different titles, that the abuse protection form asks for the relationship of the respondent, and that the abuse protection form asks the petitioner to list the most recent incidents of ‘domestic…”

Mahmood v. Mahmud, 778 N.W.2d 426 (Neb. 2010). · cites it 2× “We need not address whether the facts alleged could be considered "harassment" under Neb.Rev. Stat. § 28-311.02 (Reissue 2008), but conclude simply that the proceedings were so informal that there was no evidence properly admitted for the court's consideration.”

Glantz v. Daniel, 837 N.W.2d 563 (Neb. Ct. App. 2013). · cites it 3× “n which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose; (b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, how- ever short, evidencing a continuity of purpose, includ- ing a…”

Prentice v. Steede, 28 Neb. Ct. App. 423 (Neb. Ct. App. 2020). · cites it 6× “09, and the definition of certain terms, are contained in Neb. Rev. Stat. § 28-311.02 (Reissue 2016), which provides in relevant part: (1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect vic- tims from being willfully harassed,…”

Knopik v. Hahn, 25 Neb. 157 (Neb. Ct. App. 2017). · cites it 10× “09 are contained in Neb. Rev. Stat. § 28-311.02 (Reissue 2016), which provides in rel- evant part: (1) It is the intent of the Legislature to enact laws deal- ing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threat-…”

Nicholson v. State, 963 N.E.2d 1096 (Ind. 2012). “2 (2008); Neb.Rev.Stat. § 28-311.02 (2008); N.H.Rev.”

Show all 53 citing cases →

— Neb. Rev. Stat. § 28-311.02(1) — 12 cases

In Re Interest of Jeffrey K., 728 N.W.2d 606 (Neb. 2007). “had committed the criminal misdemeanor offense of stalking as set forth in Neb. Rev. Stat. §§ 28-311.02 (2)(a) and 28-311.”

Robert M. on behalf of Bella O. v. Danielle O., 303 Neb. 268 (Neb. 2019). “" Neb. Rev. Stat. § 28-311.02 (2)(a) and (b) (Reissue 2016).”

Linda N. v. William N., 289 Neb. 607 (Neb. 2014). “27 As we have stated, the only differences between the two are that they have “different titles, that the abuse protection form asks for the relationship of the respondent, and that the abuse protection form asks the petitioner to list the most recent incidents of ‘domestic…”

State v. Jeffrey K., 717 N.W.2d 499 (Neb. Ct. App. 2006).

Dugan v. Sorensen, 319 Neb. 326 (Neb. 2025). “In harassment protection order cases, a petitioner must prove at least two separate acts of harassment to establish a course of conduct within the meaning of Neb. Rev. Stat. § 28-311.02 (2)(b) (Reissue 2016).”

— Neb. Rev. Stat. § 28-311.02(2) — 3 cases

Glantz v. Daniel, 837 N.W.2d 563 (Neb. Ct. App. 2013). “n which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose; (b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, how- ever short, evidencing a continuity of purpose, includ- ing a…”

Prentice v. Steede, 28 Neb. Ct. App. 423 (Neb. Ct. App. 2020). “09, and the definition of certain terms, are contained in Neb. Rev. Stat. § 28-311.02 (Reissue 2016), which provides in relevant part: (1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect vic- tims from being willfully harassed,…”

Vance v. Peterson (Neb. Ct. App. 2026).

— Neb. Rev. Stat. § 28-311.02(2)(a) — 10 cases

In Re Interest of Jeffrey K., 728 N.W.2d 606 (Neb. 2007). “had committed the criminal misdemeanor offense of stalking as set forth in Neb. Rev. Stat. §§ 28-311.02 (2)(a) and 28-311.”

Diedra T. v. Justina R., 984 N.W.2d 312 (Neb. 2023). “2 However, where the credible evidence is in conflict on a material issue of fact, the appellate court consid- ers and may give weight to the circumstances that the trial judge heard and observed the witnesses and accepted one ver- sion of the facts rather than another.”

Hawkins v. Delgado, 308 Neb. 301 (Neb. 2021). “02 may file a petition and affidavit for a harassment protection order as provided in subsection (3) of this section. . .”

Flinn v. Strode, 320 Neb. 813 (Neb. 2026).

— Neb. Rev. Stat. § 28-311.02(2)(b) — 18 cases

Hawkins v. Delgado, 308 Neb. 301 (Neb. 2021). “02 may file a petition and affidavit for a harassment protection order as provided in subsection (3) of this section. . .”

Knopik v. Hahn, 25 Neb. 157 (Neb. Ct. App. 2017). “09 are contained in Neb. Rev. Stat. § 28-311.02 (Reissue 2016), which provides in rel- evant part: (1) It is the intent of the Legislature to enact laws deal- ing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threat-…”

Flinn v. Strode, 320 Neb. 813 (Neb. 2026).

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