Chapter 28, CRIMES AND PUNISHMENTS
680 sections in this chapter.
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.
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.
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;…
Neb. Rev. Stat. § 28-1401 Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat.
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To further implement the provisions of Article XV, section 5, of the Constitution of Nebraska, the Legislature herewith provides that the people of the state shall have access by boat to any cutoff, chute, backwater, or bayou connected with any navigable stream located in the Sta…
Neb. Rev. Stat. § 28-1406 Terms, defined.
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As used in sections 28-1406 to 28-1416, unless the context otherwise requires: (1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actiona…
Neb. Rev. Stat. § 28-1407 Justification; choice of evils.
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(1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if: (a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; (b) Neither sect…
Neb. Rev. Stat. § 28-1408 Public duty; execution.
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(1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by: (a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; (b) The law g…
Neb. Rev. Stat. § 28-1409 Use of force in self-protection.
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(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such oth…
Neb. Rev. Stat. § 28-1410 Use of force for protection of other persons.
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(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when: (a) The actor would be justified under section 28-1409 in using such force to protect himself against the inj…
Neb. Rev. Stat. § 28-1411 Use of force for protection of property.
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(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary: (a) To prevent or terminate an unlawful entry or other trespass upon land o…
Neb. Rev. Stat. § 28-1412 Use of force in law enforcement.
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(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is immediately necessary to effect a lawful …
Neb. Rev. Stat. § 28-1413 Use of force by person with special responsibility for care, discipline, or safety of others.
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The use of force upon or toward the person of another is justifiable if: (1) The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian, or other responsible …
Neb. Rev. Stat. § 28-1414 Mistake of law; reckless or negligent use of force.
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(1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when: (a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is er…
Neb. Rev. Stat. § 28-1415 Justification in property crimes.
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Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless: (1) Sections 28-1406 to 28-1416 or the la…
Neb. Rev. Stat. § 28-1416 Justification an affirmative defense; available in certain civil actions.
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(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense. (2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or…
Neb. Rev. Stat. § 28-1418 Tobacco; electronic nicotine delivery systems; alternative nicotine products; use by person under age of twenty-one years; penalty.
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Whoever, being a person under the age of twenty-one years, shall smoke cigarettes or cigars, use electronic nicotine delivery systems or alternative nicotine products, or use tobacco in any form whatever, in this state, shall be guilty of a Class V misdemeanor. Any person charged…
Neb. Rev. Stat. § 28-1418.01 Terms, defined.
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For purposes of sections 28-1418 to 28-1429.07: (1) Alternative nicotine product means any noncombustible product containing nicotine or a nicotine analogue that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative ni…
Neb. Rev. Stat. § 28-1419 Tobacco; electronic nicotine delivery systems; alternative nicotine products; certain sales; penalty; compliance determination; assistance authorized; conditions.
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(1) Whoever shall sell, give, or furnish, in any way, any tobacco in any form whatever, or any cigars, cigarettes, cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under twenty-one years of age, is guilty of a Class III misdem…
Neb. Rev. Stat. § 28-1420 License requisite for sale; violation; penalty.
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(1) A person, partnership, limited liability company, or corporation shall not sell, keep for sale, or give away in course of trade, any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material to anyone without first obtaining a license as provide…
Neb. Rev. Stat. § 28-1421 License; where obtained; prohibited sales.
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Licenses for the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material to persons twenty-one years of age or over shall be issued to individuals, partnerships, limited liability companies, and corporations by the clerk or finance direct…
Neb. Rev. Stat. § 28-1422 License for sale of tobacco; application; contents.
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(1) Every person, partnership, limited liability company, or corporation desiring a license under sections 28-1420 to 28-1429 shall file with the clerk or finance department of the city, town, or village where his, her, their, or its place of business is located, if within the li…