Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Repealed. Laws 1990, LB 50, § 13.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 50, § 13.
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[Repealed or reserved.]
Transferred to section 28-1010.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1004 Terms, defined.
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As used in this section and section 28-1005, unless the context otherwise requires: (1) Bearbaiting shall mean the pitting of any animal against a bear; (2) Cockfighting shall mean the pitting of a fowl against another fowl; (3) Dogfighting shall mean the pitting of a dog against…
Neb. Rev. Stat. § 28-1005 Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
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(1) No person shall knowingly: (a) Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or pitting an animal against another; (b) Receive money for the admission of another person to a place kept for such purpose; (c) Own, use, train, sell, or possess an …
Neb. Rev. Stat. § 28-1005.01 Ownership or possession of animal fighting paraphernalia; penalty.
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(1) No person shall knowingly or intentionally own or possess animal fighting paraphernalia with the intent to commit a violation of section 28-1005. (2)(a) For purposes of this section, except as provided in subdivision (b) of this subsection, animal fighting paraphernalia means…
Neb. Rev. Stat. § 28-1006 Investigation; arrest; seizure of property; reimbursement of expenses.
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(1) It shall be the duty of the sheriff, a police officer, or the Nebraska State Patrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01. (2) Any equipment, device, or other property or things involved in any violation of section 28-10…
Neb. Rev. Stat. § 28-1007 Sections, how construed.
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Sections 28-1004 to 28-1006 shall not be construed to amend or in any manner change the authority of the Game and Parks Commission under the Game Law, to prohibit any conduct authorized or permitted in the Game Law, or to prohibit the training of animals for any purpose not prohi…
Neb. Rev. Stat. § 28-1008 Terms, defined.
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For purposes of sections 28-1008 to 28-1017, 28-1019, and 28-1020: (1) Abandon means to leave any animal in one's care, whether as owner or custodian, for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the a…
Neb. Rev. Stat. § 28-1009 Abandonment; cruel neglect; harassment of a police animal; penalty.
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(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony. (2)(a) Ex…
Neb. Rev. Stat. § 28-1009.01 Violence on a service animal; interference with a service animal; penalty.
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(1) A person commits the offense of violence on a service animal when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten an animal that he or she knows or has reason to believe is a service …
Repealed. Laws 2010, LB 865, § 17.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 865, § 17.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-101 Nebraska Criminal Code, how cited.
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Sections 28-101 to 28-1358, 28-1601 to 28-1603, and 28-1701 shall be known and may be cited as the Nebraska Criminal Code.
Neb. Rev. Stat. § 28-1010 Indecency with an animal; penalty.
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A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with an animal is a Class III misdemeanor. A person convicted under this section may also be subject to section 28-1019.
Neb. Rev. Stat. § 28-1011 Violations; liability for expenses.
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(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the sentencing court may order the defendant to reimburse a public or private agency for any unreimbursed expenses incurred in conjunction with the care, impoundment, seizure, or disposal o…
Neb. Rev. Stat. § 28-1012 Law enforcement officer; animal control officer; powers and duties; immunity; seizure; court powers.
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(1) Any law enforcement officer or animal control officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry by a law enforcement officer or an animal control officer who is accompan…
Neb. Rev. Stat. § 28-1012.01 Animal seized; court powers; county attorney; duties; hearing; notice; animal abandoned or cruelly neglected or mistreated; bond or other security; appeal; section, how construed.
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(1) Any animal seized under a search warrant or validly seized without a warrant may be kept on the property of the owner or custodian by the law enforcement officer or animal control officer seizing the animal. When a criminal complaint has been filed in connection with a seized…
Neb. Rev. Stat. § 28-1013 Sections; exemptions.
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Sections 28-1008 to 28-1017 and 28-1019 shall not apply to: (1) Care or treatment of an animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that o…
Repealed. Laws 2010, LB 865, § 17.
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[Repealed or reserved.]
Repealed. Laws 2010, LB 865, § 17.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1014 Local regulation; authorized.
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Any city, village, or county may adopt and promulgate rules, regulations, and ordinances which are not inconsistent with the provisions of sections 28-1008 to 28-1017, 28-1019, and 28-1020 for the protection of the public, public health, and animals within its jurisdiction.
Neb. Rev. Stat. § 28-1015 Ownership by child; applicability of penalties.
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When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under sections 28-1008 to 28-1017, 28-1019, and 28-1020 if the animal is abandoned or crue…
Neb. Rev. Stat. § 28-1016 Game and Parks Commission; Game Law; sections, how construed.
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Nothing in sections 28-1008 to 28-1017, 28-1019, and 28-1020 shall be construed as amending or changing the authority of the Game and Parks Commission as established in the Game Law or to prohibit any conduct authorized or permitted by such law.
Neb. Rev. Stat. § 28-1017 Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty.
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(1) For purposes of this section: (a) Reasonably suspects means a basis for reporting knowledge or a set of facts that would lead a person of ordinary care and prudence to believe and conscientiously entertain a strong suspicion that criminal activity is at hand or that a crime h…
Neb. Rev. Stat. § 28-1018 Sale of puppy or kitten; prohibited acts; penalty.
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(1) A person, other than an animal control facility, animal rescue, or animal shelter, who sells a puppy or kitten under eight weeks of age without its mother is guilty of a Class V misdemeanor. (2) For purposes of this section: (a) Animal control facility means a facility operat…
Neb. Rev. Stat. § 28-1019 Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
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(1)(a) If a person is convicted of a felony under section 28-1005 or 28-1009, the sentencing court shall order such person not to own, possess, or reside with any animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years…
Neb. Rev. Stat. § 28-102 Purposes; principles of construction.
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The general purposes of the provisions governing the definition of offenses are: (1) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests; (2) To subject to public control persons whose conduct i…
Neb. Rev. Stat. § 28-1020 Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability.
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(1) Any animal health care professional, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the animal health care professional to reasonably suspect that an animal has been abandon…
Neb. Rev. Stat. § 28-103 Restrictions on applicability.
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(1) The provisions of this code shall not apply to any offense committed prior to January 1, 1979. Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been ena…
Neb. Rev. Stat. § 28-104 Offense; crime; synonymous.
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The terms offense and crime are synonymous as used in this code and mean a violation of, or conduct defined by, any statute for which a fine, imprisonment, or death may be imposed.
Neb. Rev. Stat. § 28-105 Felonies; classification of penalties; sentences; where served; eligibility for probation.
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(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I …
Neb. Rev. Stat. § 28-105.01 Death penalty imposition; restriction on person under eighteen years; restriction on person with intellectual disability; sentencing procedure.
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(1) Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who was under the age of eighteen years at the time of the commission of the crime. (2) Notwithstanding any other provision of law, the death penalty shall not be imposed upon a…
Neb. Rev. Stat. § 28-105.02 Class IA felony; person under eighteen years; maximum sentence; court consider mitigating factors.
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(1) Notwithstanding any other provision of law, the penalty for any person convicted of a Class IA felony for an offense committed when such person was under the age of eighteen years shall be a maximum sentence of not greater than life imprisonment and a minimum sentence of not …
Neb. Rev. Stat. § 28-106 Misdemeanors; classification of penalties; sentences; where served.
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(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction: Cl…
Neb. Rev. Stat. § 28-107 Felony or misdemeanor, defined outside of code; how treated.
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(1) Any felony or misdemeanor defined by state statute outside of this code without specification of its class shall be punishable as provided in the statute defining it, or as otherwise provided by law outside of this code, except as provided in subsections (2) and (3) of this s…
Neb. Rev. Stat. § 28-108 Subsequent enactment of criminal laws.
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Criminal laws enacted after January 1, 1979, shall be classified for sentencing purposes in accordance with section 28-105 or 28-106.
Neb. Rev. Stat. § 28-109 Terms, defined.
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For purposes of the Nebraska Criminal Code, unless the context otherwise requires: (1) Act shall mean a bodily movement, and includes words and possession of property; (2) Aid or assist shall mean knowingly to give or lend money or credit to be used for, or to make possible or av…
Neb. Rev. Stat. § 28-110 Statement of rights.
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A person in the State of Nebraska has the right to live free from violence, or intimidation by threat of violence, committed against his or her person or the destruction or vandalism of, or intimidation by threat of destruction or vandalism of, his or her property regardless of h…
Neb. Rev. Stat. § 28-1101 Terms, defined.
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As used in this article, unless the context otherwise requires: (1) A person advances gambling activity if, acting other than as a player, he or she engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes, but shall not be limited to…
Neb. Rev. Stat. § 28-1102 Promoting gambling, first degree; penalty.
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(1) A person commits the offense of promoting gambling in the first degree if he or she knowingly advances or profits from unlawful gambling activity by: (a) Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling one thous…
Neb. Rev. Stat. § 28-1103 Promoting gambling, second degree; penalty.
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(1) A person commits the offense of promoting gambling in the second degree if he or she knowingly advances or profits from any unlawful gambling activity by: (a) Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling less…
Neb. Rev. Stat. § 28-1104 Promoting gambling, third degree; penalty.
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(1) A person commits the offense of promoting gambling in the third degree if he or she knowingly participates in unlawful gambling as a player by betting less than five hundred dollars in any one day. (2) Promoting gambling in the third degree is a Class IV misdemeanor.
Neb. Rev. Stat. § 28-1105 Possession of gambling records; penalty.
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(1) A person commits the offense of possession of gambling records if, other than as a player, he or she knowingly possesses any writing, paper, instrument, or article which is: (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise and suc…
Neb. Rev. Stat. § 28-1105.01 Gambling debt collection; penalty.
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(1) A person commits the offense of gambling debt collection if he or she employs any force or intimidation or threatens force or intimidation in order to collect any debt which results from gambling as described in sections 28-1101 to 28-1109 and 28-1117. (2) Gambling debt colle…
Repealed. Laws 1979, LB 152, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1107 Possession of a gambling device; penalty; affirmative defense.
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(1) A person commits the offense of possession of a gambling device if he or she manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing that it shall …
Neb. Rev. Stat. § 28-1108 Prosecution; affirmative defense.
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In any prosecution under this article, it shall be an affirmative defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of an unlawful gambling activity.
Neb. Rev. Stat. § 28-1109 Proof of possession of gambling device; prima facie evidence.
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Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character.
Neb. Rev. Stat. § 28-111 Enhanced penalty; enumerated offenses.
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Any person who commits one or more of the following criminal offenses against a person or a person's property because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person's association with a per…