Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
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…
Neb. Rev. Stat. § 28-1325 Transfer of sounds; sections; when not applicable.
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Sections 28-1323 to 28-1326 do not apply to any person who transfers or causes to be transferred any sounds (1) intended for or in connection with radio or television broadcast transmission or related uses, (2) for archival purposes, (3) solely for the personal use of the person …
Neb. Rev. Stat. § 28-1326 Transfer of sounds; violations; penalty.
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Any person violating the provisions of section 28-1323 or 28-1324 shall be guilty of a Class II misdemeanor.
Repealed. Laws 1979, LB 344, § 16.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 344, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1329 Receptacle, other term, defined.
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As used in sections 28-1329 to 28-1334, unless the context otherwise requires: (1) Receptacle shall mean not only bottles, siphons, tins, kegs, one-eighth barrels, quarter barrels, half barrels, barrels, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for…
Neb. Rev. Stat. § 28-1330 Nonintoxicating beverages, milk, and milk products; brand or mark on container; filing with Secretary of State; publication; certificate; fee.
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Any person engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, cider, ginger ale and other unintoxicating beverages, milk, buttermilk, cream, ice cream or butter in any kind of receptacle having the name of such person or other mark or device pri…
Neb. Rev. Stat. § 28-1331 Unauthorized use of receptacle; penalty; separate offense.
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(1) A person commits unauthorized use of receptacle if he fills any receptacle bearing a name, mark, or device recorded as provided in section 28-1330 with soda water, mineral or aerated waters, cider, ginger ale and other unintoxicating beverages, milk, buttermilk, cream, ice cr…
Neb. Rev. Stat. § 28-1332 Unauthorized possession of receptacle; penalty.
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(1) A person commits unauthorized possession of receptacle if having in possession or under control any receptacle bearing any name, mark, or device recorded as provided in section 28-1330, and holding a written transfer or bill of sale therefor from the person named in the certi…
Neb. Rev. Stat. § 28-1333 Receptacles; unauthorized use or possession; search warrant; prosecution of possessor.
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Whenever any person who has filed for record any such name, mark, or device, or who has acquired from such person in writing the ownership of such name, mark, or device or the right to the exclusive use thereof, or any one representing such person, shall make oath before any coun…
Neb. Rev. Stat. § 28-1334 Sale, construed.
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The requiring or taking of any deposit for any purpose upon such receptacle shall not be deemed nor held to be a sale, either optional or otherwise, in any proceeding under sections 28-1329 to 28-1334.
Neb. Rev. Stat. § 28-1335 Discharging any firearm or weapon from any public highway, road, or bridge; penalty; exception.
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A person commits a Class III misdemeanor if such person discharges any firearm or weapon using any form of compressed gas as a propellant from any public highway, road, or bridge in this state, unless otherwise allowed by statute. Upon conviction, the mandatory minimum fine shall…
Neb. Rev. Stat. § 28-1336 Mobile tracking devices; terms; defined.
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For purposes of sections 28-1336 to 28-1339: (1) Business entity means any form of corporation, company, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state; (2) Mobile tracking device means any physica…
Neb. Rev. Stat. § 28-1337 Mobile tracking devices; prohibited acts; consent; revocation.
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(1) Except as otherwise provided in section 28-1338, a person shall not knowingly: (a) Install a mobile tracking device on another person's property without the other person's consent; (b) Cause a mobile tracking device to track the position or movement of another person or anoth…
Neb. Rev. Stat. § 28-1338 Mobile tracking devices; prohibitions not applicable.
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Section 28-1337 does not apply to any of the following: (1) A mobile tracking device installed and used in compliance with sections 86-271 to 86-2,115; (2) A mobile tracking device installed and used pursuant to a court order, including, but not limited to, as a condition of pret…
Neb. Rev. Stat. § 28-1339 Mobile tracking devices; violations; penalties.
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A violation of section 28-1337 is a Class IIIA felony.
Repealed. Laws 1983, LB 1, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1341 Act, how cited.
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Sections 28-1341 to 28-1348 shall be known and may be cited as the Computer Crimes Act.
Neb. Rev. Stat. § 28-1342 Legislative findings and declarations.
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The Legislature finds and declares that our society is increasingly dependent on computers, that important personal, financial, medical, and historical data is stored in computers, and that valuable data stored can be lost due to criminal action. The Legislature further finds tha…
Neb. Rev. Stat. § 28-1343 Terms, defined.
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For purposes of the Computer Crimes Act: (1) Access shall mean to instruct, communicate with, store data in, retrieve data from, or otherwise use the resources of a computer, computer system, or computer network; (2) Computer shall mean a high-speed data processing device or syst…
Neb. Rev. Stat. § 28-1343.01 Unauthorized computer access; penalty.
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(1) A person commits the offense of unauthorized computer access if the person intentionally and without authority penetrates a computer security system. (2) A person who violates subsection (1) of this section in a manner that creates a grave risk of causing the death of a perso…
Neb. Rev. Stat. § 28-1344 Unlawful acts; depriving or obtaining property or services; penalties.
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(1) Any person who intentionally accesses or causes to be accessed, directly or indirectly, any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network wi…
Neb. Rev. Stat. § 28-1345 Unlawful acts; harming or disrupting operations; penalties.
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(1) Any person who accesses or causes to be accessed any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network with authorization, knowingly and intenti…
Neb. Rev. Stat. § 28-1346 Unlawful acts; obtaining confidential public information; penalties.
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Any person who intentionally accesses or causes to be accessed any computer, computer system, computer software, or computer network without authorization, or who, having accessed a computer, computer system, computer software, or computer network with authorization, knowingly an…
Neb. Rev. Stat. § 28-1347 Unlawful acts; access without authorization; exceeding authorization; penalties.
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Any person who intentionally accesses any computer, computer system, computer software, computer network, computer program, or data without authorization and with knowledge that such access was not authorized or who, having accessed any computer, computer system, computer softwar…
Neb. Rev. Stat. § 28-1348 Act, how construed.
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The Computer Crimes Act shall not be construed to preclude the applicability of any other provision of the Nebraska Criminal Code which may apply to any transaction described in the Computer Crimes Act.
Neb. Rev. Stat. § 28-1349 Legislative findings.
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The Legislature finds that elemental mercury is a persistent and toxic pollutant that accumulates in the environment. The Legislature further finds that each year elemental mercury contained in liquid mercury thermometers can enter the environment and result in human exposure to …
Neb. Rev. Stat. § 28-1350 Liquid mercury thermometer; prohibited acts.
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No liquid mercury thermometer containing elemental mercury shall be sold, given away, or otherwise distributed in this state.
Neb. Rev. Stat. § 28-1351 Unlawful membership recruitment into an organization or association; penalty.
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(1) A person commits the offense of unlawful membership recruitment into an organization or association when he or she knowingly and intentionally coerces, intimidates, threatens, or inflicts bodily harm upon another person in order to entice that other person to join or prevent …
Neb. Rev. Stat. § 28-1352 Act, how cited.
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Sections 28-1352 to 28-1356 shall be known and may be cited as the Public Protection Act.
Neb. Rev. Stat. § 28-1353 Act; how construed.
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(1) The provisions of the Public Protection Act shall be liberally construed to effectuate its remedial purposes. (2) Nothing in the act shall supersede any provision of federal, state, or other law imposing criminal penalties or affording civil remedies in addition to those prov…
Neb. Rev. Stat. § 28-1354 Terms, defined.
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For purposes of the Public Protection Act: (1) Enterprise means any individual, sole proprietorship, partnership, corporation, trust, association, or any legal entity, union, or group of individuals associated in fact although not a legal entity, and shall include illicit as well…
Neb. Rev. Stat. § 28-1355 Pattern of racketeering activity or collection of an unlawful debt; prohibited acts.
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(1) It shall be unlawful for any person who has received any proceeds that such person knew were derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such p…
Neb. Rev. Stat. § 28-1356 Violation; penalty.
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(1) A person who violates section 28-1355 shall be guilty of a Class III felony; however, such person shall be guilty of a Class IB felony if the violation is based upon racketeering activity which is punishable as a Class I, IA, or IB felony. (2) In lieu of the fine authorized b…
Neb. Rev. Stat. § 28-1357 Sale of novelty lighter without child safety feature; penalty.
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(1) For purposes of this section: (a) Novelty lighter means a mechanical or electrical device that is typically used for lighting cigarettes, cigars, or pipes, that has only one button or function, and that (i) is designed to resemble a cartoon character, a toy, a gun, a watch, a…
Neb. Rev. Stat. § 28-1358 Unmanned aircraft; operation; requirements; penalties.
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(1) For purposes of this section: (a) Restricted area means an area of airspace within the state that: (i) The Federal Aviation Administration has determined to be a restricted area, either by way of a Notice to Airmen, Temporary Flight Restriction, No Drone Zone, or other means;…