Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-1222 Using explosives to commit a felony; penalty.
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(1) Any person who uses an explosive material or destructive device to commit any felony which may be prosecuted in this state or who possesses an explosive during the commission of any felony which may be prosecuted in this state commits the offense of using explosives to commit…
Neb. Rev. Stat. § 28-1223 Using explosives to damage or destroy property; penalty.
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(1) Any person who, by means of an explosive material or destructive device, maliciously attempts to damage or destroy or does damage or destroy any building, structure, vehicle, or other real or personal property commits the offense of using explosives to damage or destroy prope…
Neb. Rev. Stat. § 28-1224 Using explosives to kill or injure any person; penalty.
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(1) Any person who uses explosive materials or destructive devices to intentionally kill, injure, or intimidate any individual commits the offense of using explosives to kill or injure any person. (2) Except as provided in subsection (3) or (4) of this section, using explosives t…
Neb. Rev. Stat. § 28-1225 Storing explosives in violation of safety regulations; penalty.
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(1) Any person who stores any explosive materials or uses in legitimate blasting operations any explosive materials in a manner not in conformity with safety regulations adopted and promulgated by the Nebraska State Patrol or the Secretary of the Treasury of the United States or …
Neb. Rev. Stat. § 28-1226 Failure to report theft of explosives; penalty.
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(1) Any person who has knowledge of the theft or loss of explosive materials from his or her stock who fails to report such theft or loss within twenty-four hours of discovery to the Nebraska State Patrol commits the offense of failure to report theft of explosives. (2) Failure t…
Neb. Rev. Stat. § 28-1227 Other violations; penalty.
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With the exception of sections 28-1213 to 28-1226, any person who violates any other provision of sections 28-1213 to 28-1239 or rules promulgated pursuant to such sections commits a Class III misdemeanor.
Neb. Rev. Stat. § 28-1228 Presence of explosive material or destructive device in vehicle; prima facie evidence; exception.
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The presence in a vehicle other than a public conveyance of any explosive material or destructive device shall be prima facie evidence that it is in the possession of all persons occupying such vehicle at the time such explosive material or destructive device is found, except tha…
Neb. Rev. Stat. § 28-1229 Explosives control; Nebraska State Patrol; permits; issuance; conditions.
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(1) The Nebraska State Patrol shall have the authority to issue permits for: (a) The storage of explosive materials; (b) The use of explosive materials; and (c) The purchase of explosive materials by business enterprises. (2) The Nebraska State Patrol shall not issue a permit to …
Neb. Rev. Stat. § 28-1230 Explosives control; permit; denial; notice; appeal.
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Whenever the Nebraska State Patrol denies an application for a permit or the renewal thereof, the Nebraska State Patrol shall, within twenty days of such denial, give notice thereof and the reasons therefor in writing to the applicant, personally or by mail, to the address given …
Neb. Rev. Stat. § 28-1231 Explosives control; permit; revocation; grounds.
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(1) The Nebraska State Patrol may revoke any permit on any ground authorized in subsection (2) of section 28-1229 for the denial of a permit or for any violation of the terms of such permit, for a violation of any provision of this article or of the rules and regulations of the N…
Neb. Rev. Stat. § 28-1232 Explosive materials; permit; application; form; fees.
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An application for a storage, use, or business enterprise purchase permit for explosive materials shall be in such form and contain such information as the Nebraska State Patrol shall by rule and regulation prescribe. Each applicant for a permit shall pay a fee of fifty dollars i…
Neb. Rev. Stat. § 28-1233 Explosive materials; permitholder; records; notice; requirements; penalty.
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(1) Every holder of any permit required under sections 28-1213 to 28-1239 shall maintain an accurate inventory of all explosives in his or her possession and maintain records of transfers to other persons of explosive materials. Such records shall include a statement of intended …
Neb. Rev. Stat. § 28-1234 Permitholders; inspection of records and permits.
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(1) Permitholders shall make available for inspection at all reasonable times their records kept pursuant to sections 28-1213 to 28-1239 and the rules and regulations adopted and promulgated pursuant to such sections. The Nebraska State Patrol may enter during business hours the …
Neb. Rev. Stat. § 28-1235 Transportation of explosive materials; permit required.
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No person shall transport any explosive materials into this state or within the boundaries of this state unless such person holds a permit as required by sections 28-1213 to 28-1239 or a permit or license issued pursuant to 18 U.S.C. chapter 40. Common carriers by air, highway, r…
Neb. Rev. Stat. § 28-1235.01 Resident; bring explosive material into state; when allowed.
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Any resident of the State of Nebraska who holds a valid explosive permit issued by the Nebraska State Patrol and who uses explosive material in the conduct of a business or occupation may lawfully purchase explosive materials from a licensed seller located or residing in a state …
Neb. Rev. Stat. § 28-1236 Nebraska State Patrol; rules and regulations.
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The Nebraska State Patrol may adopt and promulgate rules and regulations supplemental to sections 28-1213 to 28-1239 necessary or desirable to assure the public safety as well as to provide reasonable and adequate protection of the lives, health, and safety of persons employed in…
Neb. Rev. Stat. § 28-1237 Special law or local ordinance; minimum required standard.
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The provisions of sections 28-1213 to 28-1239 and the rules adopted pursuant thereto shall be the minimum standard required and shall supersede any special law or local ordinance inconsistent therewith, and no local ordinance inconsistent therewith shall be adopted, but nothing h…
Neb. Rev. Stat. § 28-1238 Violations; seizure and disposition of explosives.
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Any explosive materials or destructive devices involved in any violation of sections 28-1213 to 28-1239 or any rule or regulation adopted and promulgated pursuant to such sections or in any violation of any other criminal law of this state shall be subject to seizure, and disposi…
Neb. Rev. Stat. § 28-1239 Explosives control; exceptions to sections; enumerated.
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In addition to the exceptions provided in sections 28-1213 to 28-1239, such sections shall not apply to: (1) The use of explosive materials in medicines and medicinal agents in forms prescribed by the official United States Pharmacopoeia or the National Formulary; (2) The sale, t…
Neb. Rev. Stat. § 28-1239.01 Fireworks display; permit required; fee; sale of display fireworks; regulation.
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(1) No person shall conduct a public exhibition or display of display fireworks without first procuring a display permit from the State Fire Marshal. Such application for a display permit shall be accompanied by a fee of one hundred dollars to be remitted to the State Treasurer f…
Neb. Rev. Stat. § 28-1240 Unlawful transportation of anhydrous ammonia; penalty; unlawful use of certain containers; penalty.
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(1) Any person, partnership, limited liability company, firm, or corporation (a) who loads, unloads, transports, or causes to be transported over the public highways of this state anhydrous ammonia in a tank or container with a water gallon capacity of three thousand gallons or l…
Neb. Rev. Stat. § 28-1241 Fireworks; definitions.
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As used in sections 28-1239.01 and 28-1241 to 28-1252, unless the context otherwise requires: (1) 1.3G explosives, also known as display fireworks or Class B fireworks or by United Nations shipping classification number UN0335, means any items classified as 1.3G explosives by the…
Neb. Rev. Stat. § 28-1242 Unlawful throwing of fireworks; penalty.
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(1) A person commits the offense of unlawful throwing of fireworks if he or she throws any firework, or any object which explodes upon contact with another object: (a) From or into a motor vehicle; (b) onto any street, highway, or sidewalk; (c) at or near any person; (d) into any…
Neb. Rev. Stat. § 28-1243 Fireworks item deemed unsafe; quarantined; testing; test results; effect.
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(1) If the State Fire Marshal deems any fireworks item to be unsafe pursuant to subdivision (8)(c)(ii) of section 28-1241, such fireworks item shall be quarantined from other fireworks. Any licensed distributor, jobber, or retailer may request, at the distributor's, jobber's, or …
Neb. Rev. Stat. § 28-1244 Fireworks; unlawful acts.
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Except as provided in section 28-1245, it shall be unlawful for any person to possess, sell, offer for sale, bring into this state, or discharge any fireworks other than consumer fireworks.
Neb. Rev. Stat. § 28-1245 Fireworks; when prohibitions not applicable.
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Section 28-1244 shall not apply to: (1) Any display fireworks purchased from a licensed distributor; or (2) Any display fireworks purchased by the holder of a display permit issued pursuant to section 28-1239.01; or (3) Any fireworks brought into this state for storage by a licen…
Neb. Rev. Stat. § 28-1246 Fireworks; sale; license required; fees.
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(1) It shall be unlawful for any person to sell, hold for sale, or offer for sale as a distributor, jobber, or retailer any fireworks in this state unless such person has first obtained a license as a distributor, jobber, or retailer. Application for each such license shall be ma…
Repealed. Laws 2010, LB 880, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1248 Fireworks; importation into state; duties of licensees; retention of packing list for inspection.
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(1) It shall be unlawful for any person not licensed as a distributor or as a jobber under sections 28-1241 to 28-1252 to bring any fireworks into this state. (2) It shall be unlawful for any retailer or jobber in this state to sell any fireworks in this state which have not been…
Neb. Rev. Stat. § 28-1249 Sale of consumer fireworks; limitations.
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It shall be unlawful to sell any consumer fireworks at retail within this state, outside the limits of any incorporated city or village. Consumer fireworks may be sold at retail only between June 24 and July 5 and between December 28 and January 1 of each year.
Neb. Rev. Stat. § 28-1250 Fireworks; prohibited acts; violations; penalties; license suspension, cancellation, or revocation; appeal.
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(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licensed distributor or jobber, the State Fire Marshal may suspend, cancel, or revoke the license for up to three years. The suspension, cancellat…
Neb. Rev. Stat. § 28-1251 Unlawful testing or inspection of fire alarms; penalty; certification of applicants; examination; fee for examination and certification.
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(1) It shall be unlawful for any person, association, partnership, limited liability company, or corporation to conduct fire alarm tests and fire alarm inspections without prior written certification by the State Fire Marshal as to the qualifications of such persons conducting su…
Neb. Rev. Stat. § 28-1252 Fireworks; State Fire Marshal; rules and regulations; enforcement of sections.
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The State Fire Marshal shall adopt and promulgate reasonable rules and regulations for the enforcement of sections 28-1239.01 and 28-1241 to 28-1252 and, together with all peace officers of the state and its political subdivisions, shall be charged with the enforcement of section…
Neb. Rev. Stat. § 28-1253 Liquefied petroleum gas; prohibited acts; violation; penalty; enforcement.
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(1) The distribution, sale, or use of refrigerants containing liquefied petroleum gas for use in mobile air conditioning systems is prohibited. (2) For purposes of this section: (a) Liquefied petroleum gas means material composed predominantly of any of the following hydrocarbons…
Neb. Rev. Stat. § 28-1254 Motor vehicle operation with person under age of sixteen years; prohibited acts; violation; penalty.
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(1) It shall be unlawful for any person to operate or be in the actual physical control of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the person operating or in the actual physical control of the motor vehicle is under the influence of …
Neb. Rev. Stat. § 28-1255 Flying lantern-type devices; prohibited acts; penalty.
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(1) Flying lantern-type devices are prohibited from sale, possession, and use in this state. (2) For purposes of this section, flying lantern-type devices means devices that require a flame which produces heated air trapped in a balloon-type covering allowing the device to float …
Neb. Rev. Stat. § 28-1256 State capitol; possession of weapon or prohibited substance; acts prohibited; exceptions.
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(1) For purposes of this section the definitions in section 28-1201 and the following definitions apply: (a) Prohibited substance means explosive, incendiary, or other combustible devices; hazardous materials; or paint or spray paint; and (b) Weapon means any: (i) Firearm; or (ii…
Neb. Rev. Stat. § 28-1301 Human skeletal remains or burial goods; prohibited acts; penalty.
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(1) The definitions found in section 12-1204 shall apply to this section. (2) Except as provided in subsection (3) of this section, a person commits the offense of removing, abandoning, or concealing human skeletal remains or burial goods if he or she: (a) Knowingly digs up, disi…
Neb. Rev. Stat. § 28-1302 Concealing the death of another person; penalty.
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Any person who conceals the death of another person and thereby prevents a determination of the cause or circumstances of death commits a Class I misdemeanor.
Neb. Rev. Stat. § 28-1303 Stagnant water; raising or producing, unlawful; penalty; abatement.
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Whoever shall build, erect, continue or keep up any dam or other obstruction in any river or stream of water in this state and thereby raise an artificial pond, or produce stagnant waters, which shall be manifestly injurious to the public health and safety, shall be guilty of a C…
Neb. Rev. Stat. § 28-1304 Putting carcass or filthy substance into well, spring, brook, or stream; penalty.
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Whoever shall put any dead animal, carcass or part thereof, or other filthy substance, into any well, or into any spring, brook or branch of running water, of which use is made for domestic purposes, shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 28-1304.01 Dead animals; liquefied remains; prohibited acts; violation; penalty.
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The liquefied remains of any dead animal shall not be injected below the surface of the ground nor be spread above the surface of the ground in any manner. Any person violating the provisions of this section shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 28-1305 Exposing offensive matter; penalty.
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Whoever shall put the carcass of any dead animal, the offals from any slaughter house, butcher's establishment, packing house, or fish house, any spoiled meats, spoiled fish, or putrid animal substance, or the contents of any privy vault upon or into any river, bay, creek, pond, …
Neb. Rev. Stat. § 28-1306 Unclean stock cars, railroads bringing into state; penalty.
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It shall be unlawful for any railroad company operating its road in this state to bring or cause to be brought into this state from an adjoining state any empty car used for transporting hogs or sheep, or any empty combination car used for carrying grain and stock that has any fi…
Neb. Rev. Stat. § 28-1307 Diseased meat; sale; penalty.
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It shall be unlawful for any person to sell or offer for sale the flesh of a diseased animal, whether such animal shall have died of disease or shall have been butchered when in a diseased condition. Any person violating the provisions of this section shall be guilty of a Class I…
Neb. Rev. Stat. § 28-1308 Watering stock at private tank; unlawful; penalty; exceptions.
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(1) It is hereby declared unlawful for any person to water livestock at any watering trough or tanks belonging to any private owner without the consent of such owner, but this section shall not apply to livestock in transportation on railroads nor to livestock delivered into any …
Neb. Rev. Stat. § 28-1309 Refusing to yield a party line; penalty.
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(1) A person commits the offense of refusing to yield a party line if he willfully refuses to relinquish a telephone party line, consisting of a subscriber line telephone circuit with two or more main telephone stations connected therewith, each having a distinctive ring or telep…
Neb. Rev. Stat. § 28-1310 Intimidation by telephone call or electronic communication; penalty.
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(1) A person commits the offense of intimidation by telephone call or electronic communication if, with intent to intimidate, threaten, or harass an individual, the person telephones such individual or transmits an electronic communication directly to such individual, whether or …
Neb. Rev. Stat. § 28-1311 Interfering with a public service company; penalty.
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(1) A person commits the offense of interfering with a public service company if he willfully and purposely interrupts or interferes with the transmission of telegraph or telephone messages or the transmission of light, heat and power in this state. (2) Interference with public s…
Neb. Rev. Stat. § 28-1312 Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition.
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(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 per…