Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
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…
Repealed. Laws 2021, LB169, § 1.
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[Repealed or reserved.]
Repealed. Laws 2021, LB169, § 1.
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[Repealed or reserved.]
Repealed. Laws 2021, LB169, § 1.
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[Repealed or reserved.]
Repealed. Laws 2021, LB169, § 1.
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[Repealed or reserved.]
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…
Transferred to section 13-1801.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 28-1423 License; term; fees; false swearing; penalty.
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The term for which such license shall run shall be from the date of filing such application and paying such license fee to and including December 31 of the calendar year in which application for such license is made, and the license fee for any person, partnership, limited liabil…
Neb. Rev. Stat. § 28-1424 License; rights of licensee.
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The license provided for in sections 28-1421 and 28-1422 shall, when issued, authorize the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material by the licensee and employees, to persons twenty-one years of age or over, at the place of …
Neb. Rev. Stat. § 28-1425 Licensees; sale of tobacco, electronic nicotine delivery systems, or alternative nicotine products to persons under the age of twenty-one years; penalty.
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Any licensee who shall sell, give, or furnish in any way to any person under the age of twenty-one years, or who shall willingly allow to be taken from his or her place of business by any person under the age of twenty-one years, any cigars, tobacco, cigarettes, cigarette materia…
Neb. Rev. Stat. § 28-1426 Licenses for sale of tobacco; fees inure to school fund.
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All money collected as license fees under the provisions of sections 28-1420 to 28-1429, shall be paid over by the clerk or finance director receiving it to the treasurer of the school fund for the particular city, town, village or county, as the case may be.
Neb. Rev. Stat. § 28-1427 Person misrepresenting age to obtain tobacco, electronic nicotine delivery systems, or alternative nicotine products; penalty.
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Except as provided in subsection (2) of section 28-1419, any person under the age of twenty-one years who obtains cigars, tobacco, cigarettes, cigarette material, electronic nicotine delivery systems, or alternative nicotine products from a licensee by representing that he or she…
Neb. Rev. Stat. § 28-1428 Transfer of tobacco license.
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In case of the sale of a business where the owner has a license hereunder, the licensing authority may authorize such license to be transferred to the purchaser. In case of a change of location by any licensee hereunder, the licensing authority may transfer such license to the ne…
Neb. Rev. Stat. § 28-1429 Revocation of tobacco license; reissue.
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(1) If a license issued under sections 28-1420 to 28-1429 is revoked and forfeited as provided in section 28-1425 for a violation of section 28-1429.04 or 28-1429.05, no new license shall be issued to such licensee until the expiration of five years after the date of such revocat…
Neb. Rev. Stat. § 28-1429.01 Vending machines; legislative findings.
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The Legislature finds that the incumbent health risks associated with using tobacco products have been scientifically proven. The Legislature further finds that the growing number of young people who start using tobacco products is staggering, and even more abhorrent are the ages…
Neb. Rev. Stat. § 28-1429.02 Vending machines; restrictions on use; violation; penalty; local ordinances; authorized.
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(1) Except as provided in subsection (2) of this section, it shall be unlawful to dispense cigarettes, other tobacco products, electronic nicotine delivery systems, or alternative nicotine products from a vending machine or similar device. Any person violating this section is gui…
Neb. Rev. Stat. § 28-1429.03 Self-service display; restrictions on use; violation; penalty.
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(1) Except as provided in subsection (2) of this section and section 28-1429.02, it shall be unlawful to sell or distribute cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco in any form whatever through a self-service display. Any…
Neb. Rev. Stat. § 28-1429.04 Controlled substance or counterfeit substance; sales prohibited; violation; penalty.
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A person holding a license under sections 28-1420 to 28-1429 who sells, gives, or furnishes in any way to any consumer in this state, or who willingly allows to be taken from such licensee's place of business by any person, any controlled substance or counterfeit substance, as su…
Neb. Rev. Stat. § 28-1429.05 Electronic nicotine delivery system; delivery sale; prohibited; violation; penalty.
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(1) A person shall not, by delivery sale, sell, give, or furnish to any consumer in this state any electronic nicotine delivery system. A violation of this subsection is a Class I misdemeanor. (2) Any common carrier that knowingly transports any electronic nicotine delivery syste…
Neb. Rev. Stat. § 28-1429.06 Electronic nicotine delivery system; e-liquid container; requirements.
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(1) A person holding a license under sections 28-1420 to 28-1429 shall ensure that any e-liquid container for an electronic nicotine delivery system sold by such person: (a) Meets any applicable packaging standards imposed by the federal Child Nicotine Poisoning Prevention Act of…
Neb. Rev. Stat. § 28-1429.07 Electronic nicotine delivery system; restrictions on packaging and advertising.
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A person holding a license under sections 28-1420 to 28-1429 shall not market, advertise, sell, or cause to be sold an electronic nicotine delivery system if the system's container, packaging, or advertising: (1) Depicts a cartoon-like fictional character that mimics a character …
Repealed. Laws 1997, LB 622, § 136.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 622, § 136.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 622, § 136.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 622, § 136.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 251, § 10.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 251, § 10.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 251, § 10.
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[Repealed or reserved.]
Repealed. Laws 2015, LB 37, § 93.
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[Repealed or reserved.]
Repealed. Laws 2015, LB 37, § 93.
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[Repealed or reserved.]
Transferred to section 28-414.06.
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[Repealed or reserved.]
Transferred to section 28-414.07.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1439.01 Uniform Controlled Substances Act; conviction; uncorroborated testimony; how treated.
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No conviction for an offense punishable under any provision of the Uniform Controlled Substances Act shall be based solely upon the uncorroborated testimony of a cooperating individual.
Neb. Rev. Stat. § 28-1439.02 Drug forfeitures; county treasurer; duties; County Drug Law Enforcement and Education Fund.
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(1) The proceeds from any sale ordered pursuant to section 28-431, less legal costs, charges, and claims allowed, and any money forfeited pursuant to section 28-431 shall be paid to the county treasurer of the county in which the seizure was made. The county treasurer shall dispo…