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1995 Edition
Compiled by: Frank Terranella, Esq., 106 Cathay Road, Clifton, N.J. 07013
©Copyright 1995, Frank Terranella
Notice from Grove Enterprises/Monitoring Times
Readers are advised that the material has not been updated since 1995, and local laws may have changed. If you have knowledge of such updates, please contact us at mt@grove-ent.com and we will post verified changes here.
NEBRASKA:
Section
28-1312
s
28-1312. Interfering with the police radio system; police radio set, defined;
penalty; exceptions; equipment used in violation of sections;
disposition.
(1) Police radio set shall mean any radio set or apparatus capable of
either receiving or transmitting radio frequency signals within the wavelength
or channel now or which may hereafter be allocated by the Federal Communications
Commission for the police radio service.
(2) A person commits the offense of interfering with the police radio
system if he has in his possession or in any motor vehicle or equips or installs
in or on any motor vehicle, any police radio set which:
(a) In any way intentionally interferes with the transmission or
reception of radio messages by any law enforcement agency and hinders any such
agency in fulfillment of its duties; or
(b) Intercepts such radio signals to evade or assist others in evading
arrest; or
(c) Results in the use of such communication for monetary or personal
gain.
(3) The provisions of subsection (2) of this section shall not apply to:
(a) Peace officers and members of a law enforcement agency which
regularly maintains a police radio system authorized and licensed by the Federal
Communications Commission;
(b) Any person who has permission in writing from the head of a law
enforcement agency to possess and use any radio set or apparatus capable of
receiving messages or signals within the wavelength or channel assigned to the
agency granting the permission; or
(c) Legal newspapers as defined in section 25-523, or radio, television
or cable antenna television stations licensed pursuant to law, monitoring
messages of signals for news purposes only without rebroadcasting or
republishing verbatim.
(4) Interfering with the police radio system is a Class I misdemeanor.
(5) It shall be the duty of any and all peace officers to seize and hold
for evidence any and all equipment possessed or used in violation of this
section, and upon conviction of the person possessing or using such equipment,
the court shall order such equipment destroyed or forfeited to the State of
Nebraska.
Comment:
This statute outlaws only the wrongful use of information intercepted by radio either to assist a criminal or to make a monetary or personal gain. Mere listening to police communications is not prohibited.