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Nebraska Scanner Law
Original source: Nebraska Statutes online - 2008
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.
Source:
Laws 1977, LB 38, § 296.
Retranscribed by: Todd L. Sherman/KB4MHH
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