Chapter 28, CRIMES AND PUNISHMENTS
680 sections in this chapter.
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…
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…
Neb. Rev. Stat. § 28-1313 Unlawful use of a white cane or guide dog; penalty.
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(1) A person commits unlawfully using a white cane or guide dog if he is not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog. (2) Such use of a white cane or the use of a guide dog by a person shall be officially recognized as an…
Neb. Rev. Stat. § 28-1314 Failing to observe a blind person; penalty.
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(1) A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to: (a) Give special consideration to the bearer of a white cane or user of a guide dog; and (b) Stop and remain when approaching such bearer until…
Neb. Rev. Stat. § 28-1315 Locks and keys; terms, defined.
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As used in section 28-1316, unless the context otherwise requires: (1) Change key shall mean a key planned and cut to operate a specific lock; (2) Try-out key shall mean a key which may or may not be one of a set of similar keys, each key made to operate a series or group of a to…
Neb. Rev. Stat. § 28-1316 Unlawful use of locks and keys; penalty; exceptions.
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(1) A person commits the offense of unlawful use of locks and keys if he or she: (a) Sells, offers to sell, or gives to any person other than a law enforcement agency, dealer licensed under the Motor Vehicle Industry Regulation Act, motor vehicle manufacturer, or person regularly…
Neb. Rev. Stat. § 28-1317 Unlawful picketing; penalty.
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(1) A person commits the offense of unlawful picketing if, either singly or by conspiring with others, he or she interferes, or attempts to interfere, with any other person in the exercise of his or her lawful right to work, or right to enter upon or pursue any lawful employment …
Neb. Rev. Stat. § 28-1318 Mass picketing, defined; penalty; display of sign required.
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(1) Mass picketing shall mean any form of picketing in which pickets constitute an obstacle to the free ingress and egress to and from the premises being picketed or any other premises, or upon the public roads, streets, or highways, either by obstructing by their persons or by t…
Neb. Rev. Stat. § 28-1319 Interfering with picketing; penalty.
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(1) A person commits the offense of interfering with picketing if, acting separately or with others, he interferes with any picketing not described as mass picketing in section 28-1318, except that this provision shall not apply to duly qualified peace officers or to court action…
Neb. Rev. Stat. § 28-1320 Intimidating pickets; penalty.
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(1) A person commits the offense of intimidating pickets if he intimidates or attempts to intimidate any striker by threat of the loss of any right or condition of employment, that directly or indirectly would affect the lawful conduct of said striker in any way. (2) Intimidation…
Neb. Rev. Stat. § 28-1320.01 Unlawful picketing of a funeral; legislative findings.
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(1) The Legislature finds that families have a legitimate and legally cognizable interest in organizing and attending funerals for deceased relatives and that the rights of families to peacefully and privately mourn the death of relatives are violated when funerals are targeted f…
Neb. Rev. Stat. § 28-1320.02 Unlawful picketing of a funeral; terms, defined.
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For purposes of sections 28-1320.01 to 28-1320.03, the following definitions apply: (1) Funeral means the ceremonies and memorial services held in connection with the burial or cremation of the dead but does not include funeral processions on public streets or highways; and (2) P…
Neb. Rev. Stat. § 28-1320.03 Unlawful picketing of a funeral; penalty.
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(1) A person commits the offense of unlawful picketing of a funeral if he or she engages in picketing from one hour prior to through two hours following the commencement of a funeral. (2) Unlawful picketing of a funeral is a Class III misdemeanor.
Neb. Rev. Stat. § 28-1321 Maintaining a nuisance; penalty; abatement or removal.
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(1) A person commits the offense of maintaining a nuisance if he erects, keeps up or continues and maintains any nuisance to the injury of any part of the citizens of this state. (2) The erecting, continuing, using, or maintaining of any building, structure, or other place for th…
Neb. Rev. Stat. § 28-1322 Disturbing the peace; penalty.
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(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace. (2) Disturbing the peace is a Class III misdemeanor.
Neb. Rev. Stat. § 28-1323 Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, or film; unlawful; exemption.
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Unless exempt under section 28-1325, it is unlawful for any person, firm, partnership, limited liability company, corporation, or association knowingly to (1) transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article …
Neb. Rev. Stat. § 28-1324 Sell, distribute, circulate, offer for sale, or possess phonograph record, disc, wire, tape, film, or sounds transferred; unlawful; exception.
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It is unlawful for any person, firm, partnership, limited liability company, corporation, or association to sell, distribute, circulate, offer for sale, distribution, or circulation, or possess for the purpose of sale, distribution, or circulation any phonograph record, disc, wir…