Chapter 28, CRIMES AND PUNISHMENTS
680 sections in this chapter.
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 …
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…
Neb. Rev. Stat. § 28-1439.03 County Drug Law Enforcement and Education Fund Board; membership; terms; powers and duties; rules and regulations.
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A County Drug Law Enforcement and Education Fund Board shall be created by each county of this state to administer its respective fund pursuant to section 28-1439.02. The board may authorize use of the fund for drug enforcement and drug education purposes, in its own or any other…
Neb. Rev. Stat. § 28-1439.04 Terms, defined.
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For purposes of sections 28-1439.02 to 28-1439.05: (1) Drug education purposes shall mean drug education activities conducted by the Nebraska State Patrol or other law enforcement agencies in cooperation with elementary and secondary schools in Nebraska; and (2) Drug enforcement …
Neb. Rev. Stat. § 28-1439.05 County Drug Law Enforcement and Education Fund Boards; legislative intent.
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The Legislature hereby finds and declares that it is the intent of section 28-1439.03 to foster cooperation among the County Drug Law Enforcement and Education Fund Boards in the state by encouraging boards which have no use for the funds to disburse the funds to boards in other …
Neb. Rev. Stat. § 28-1465 Aircraft; operation while under influence of liquor or drug; prohibited.
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It shall be unlawful for any person to operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or when that person has five-hundredths of one percent or more by weight of alcohol in his or her body fluid as shown b…
Neb. Rev. Stat. § 28-1466 Aircraft; operation while under influence of liquor or drug; violation; penalty.
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Any person who shall operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or while having five-hundredths of one percent by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her …
Neb. Rev. Stat. § 28-1467 Aircraft; operation while under influence of liquor or drug; first offense; penalty.
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If a conviction under section 28-1466 is for a first offense, the person shall be guilty of a Class III misdemeanor and the court shall, as part of the judgment of conviction, order such person not to operate any aircraft for any purpose for a period of six months from the date o…
Neb. Rev. Stat. § 28-1468 Aircraft; operation while under influence of liquor or drug; second offense; penalty.
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If a conviction under section 28-1466 is for a second offense, the person shall be guilty of a Class III misdemeanor and shall be imprisoned in the county jail for not less than five days and the court shall, as part of the judgment of conviction, order such person not to operate…
Neb. Rev. Stat. § 28-1469 Aircraft; operation while under influence of liquor or drug; third or subsequent offense; penalty.
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If a conviction under section 28-1466 is for a third offense or subsequent offense thereafter, the person shall be guilty of a Class IV felony, and the court shall, as part of the judgment of conviction, order such person not to operate any aircraft for any purpose for a period o…
Neb. Rev. Stat. § 28-1470 Aircraft; implied consent of operator to submit to chemical test.
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Any person who operates or has in his or her actual physical control an aircraft within this state shall be deemed to have given his or her consent to submit to a chemical test of his or her blood or breath, for the purpose of determining the amount of alcoholic content in his or…
Neb. Rev. Stat. § 28-1471 Aircraft; operation while under influence of liquor or drug; chemical test; law enforcement officer; powers.
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Any law enforcement officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was op…
Neb. Rev. Stat. § 28-1472 Aircraft; operation while under influence of liquor or drug; breath test; refusal; penalty.
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Any law enforcement officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his actual physical control an aircraft within the airspace of this state to sub…
Neb. Rev. Stat. § 28-1473 Aircraft; operation while under influence of liquor or drug; chemical test; refusal; penalty.
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Any person arrested pursuant to sections 28-1465 to 28-1474 may, upon the direction of a law enforcement officer, be required to submit to a chemical test of his or her blood or breath for a determination of the alcohol content. Any person who refuses to submit to a chemical bloo…
Neb. Rev. Stat. § 28-1474 Aircraft; operation while under influence of liquor or drug; breath or chemical test; refusal; advised of consequences.
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Any person who is required to submit to a preliminary breath test, or to a chemical blood or breath test pursuant to sections 28-1465 to 28-1474 shall be advised of the consequences of refusing to submit to such test.
Neb. Rev. Stat. § 28-1475 Revisor of Statutes; crimes categorized; duties.
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The Revisor of Statutes shall place in the Appendix to the Reissue Revised Statutes of Nebraska a list of all crimes which have been categorized pursuant to sections 28-105 and 28-106. An updated list shall be included in the annual supplement to the statutes.
Neb. Rev. Stat. § 28-1475.01 State or local law enforcement agency; authorized to receive forfeited property.
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Notwithstanding any other provision of the laws of the State of Nebraska, any state or local law enforcement agency which participated directly with federal law enforcement agencies in any of the acts which led to the seizure or forfeiture of property being held by federal law en…
Neb. Rev. Stat. § 28-1476 Advertisement; untrue, deceptive, or misleading; unlawful.
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After July 19, 1980, it shall be unlawful for any person, firm, corporation, or association, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public…
Neb. Rev. Stat. § 28-1477 Deceptive or misleading advertising; unlawful acts; enumerated.
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For the purpose of section 28-1476 any person, firm, corporation, or association shall be deemed guilty of deceptive or misleading advertising that makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, d…
Neb. Rev. Stat. § 28-1478 Deceptive or misleading advertising; violation; penalty.
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Any person, firm, corporation or association violating the provisions of section 28-1476 shall be deemed guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 28-1480 Terms, defined.
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As used in sections 28-1480 to 28-1482, unless the context otherwise requires: (1) Civil disorder shall mean any public disturbance involving acts of violence which causes an immediate danger of or results in damage or injury to persons or property; (2) Explosive or incendiary de…
Neb. Rev. Stat. § 28-1481 Acts prohibited.
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It shall be unlawful within the boundaries of this state: (1) For any person to teach or demonstrate to any other person the use, application, or making of any firearm or explosive or incendiary device capable of causing injury or death to persons when such person knows or has re…
Neb. Rev. Stat. § 28-1482 Violation; penalty.
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Any person violating section 28-1481 shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 28-1483 Donated food; resale prohibited; violation; penalty.
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(1) It shall be unlawful for any person or charitable or nonprofit organization receiving food pursuant to section 25-21,189 to sell or offer to sell such food. (2) Violation of the provisions of subsection (1) of this section shall be a Class V misdemeanor.
Neb. Rev. Stat. § 28-1484 Nitrous oxide; acts prohibited; violation; penalty; seizure, forfeiture, and destruction, when; deceptive trade practice.
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(1) For purposes of this section: (a) Delivery sale has the same meaning as in section 28-1418.01; (b) Flavored nitrous oxide product means a nitrous oxide product: (i) Having the taste or smell of any food, including, but not limited to, any fruit, candy, dessert, alcoholic beve…
Neb. Rev. Stat. § 28-1601 Property used in commission of covered offenses; forfeiture; proceeding; prosecuting authority; duties; pretrial hearing; intervention; evidentiary hearing; court orders; failure to appear; storage fee.
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(1) For purposes of sections 28-1601 to 28-1603: (a) Covered offense means a violation of the Child Sexual Abuse Material Prevention Act, subsection (1) of section 28-416, or section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 or a financial transaction offense; (b…
Neb. Rev. Stat. § 28-1602 Property used in commission of covered offenses; forfeiture; prosecuting authority; duties; pleading; contents.
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(1) The prosecuting authority must specifically plead its intent to seek forfeiture of any property upon a conviction for a covered offense in the same criminal information charging the underlying covered offense. (2) In pleading its intent to seek forfeiture, the information sha…
Neb. Rev. Stat. § 28-1603 Law enforcement agency or prosecuting authority; seized property; prohibited acts.
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No law enforcement agency or prosecuting authority of this state or its political subdivisions shall transfer or refer any money or property to a federal law enforcement authority or other federal agency by any means unless: (1) The money or property seized exceeds twenty-five th…
Neb. Rev. Stat. § 28-1701 Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.
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(1) A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if such person witnessed or was the victim of a sexual assault and such person: (a) Either: (i) In good faith, reported such sexual assault to law enforcement; or (ii) Requested emergency med…
Neb. Rev. Stat. § 28-1801 Act, how cited.
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Sections 28-1801 to 28-1806 shall be known and may be cited as the Child Sexual Abuse Material Prevention Act.
Neb. Rev. Stat. § 28-1802 Terms, defined.
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As used in the Child Sexual Abuse Material Prevention Act, unless the context otherwise requires: (1) Child means an individual under the age of eighteen years other than the defendant; (2) Child sexual abuse material means any visual depiction of sexually explicit conduct that: …
Neb. Rev. Stat. § 28-1803 Child sexual abuse material; possess or receive; unlawful; penalty; affirmative defense.
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(1) It shall be unlawful for a person nineteen years of age or older to knowingly possess or receive any child sexual abuse material. Violation of this subsection is a Class IIA felony. (2)(a) It shall be unlawful for a person under nineteen years of age to knowingly and intentio…
Neb. Rev. Stat. § 28-1804 Child sexual abuse material; acts related to possession; violation; penalty.
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(1) It shall be unlawful for a person to knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any child sexual abuse material. (2)(a) Any person who is under nineteen years of age at the time he or she violates this section shall be gu…
Neb. Rev. Stat. § 28-1805 Child sexual abuse material; prohibited acts; affirmative defense; penalty.
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(1) It shall be unlawful for a person to knowingly make, direct, create, or in any manner generate any child sexual abuse material. (2) It shall be unlawful for a person knowingly to purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, publish, circulate…
Neb. Rev. Stat. § 28-1806 Property subject to forfeiture.
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In addition to the penalties provided in the Child Sexual Abuse Material Prevention Act, a sentencing court may order forfeiture as provided in sections 28-1601 to 28-1603.
Neb. Rev. Stat. § 28-1901 Act, how cited.
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Sections 28-1901 to 28-1908 shall be known and may be cited as the Crush Transnational Repression in Nebraska Act.