Chapter 28, CRIMES AND PUNISHMENTS
680 sections in this chapter.
Neb. Rev. Stat. § 28-1902 Act; purpose.
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The purpose of the Crush Transnational Repression in Nebraska Act is to counter the threat and practice of transnational repression committed by foreign governments or foreign terrorist organizations against the citizens and residents of this state, and to counter the threat and …
Neb. Rev. Stat. § 28-1903 Terms, defined.
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For purposes of the Crush Transnational Repression in Nebraska Act: (1) Agent of a foreign principal means an agent directed or controlled by a foreign principal, or the proxies of such agent; (2) Foreign adversary means a foreign adversary as determined pursuant to 15 C.F.R. 791…
Neb. Rev. Stat. § 28-1904 Covered offense; penalty enhancement; conditions; burden of proof.
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(1) For purposes of this section: (a) Covered offense means: (i) Assault in the first degree, section 28-308; (ii) Assault in the second degree, section 28-309; (iii) Assault in the third degree, section 28-310; (iv) Terroristic threats, section 28-311.01; (v) Stalking, section 2…
Neb. Rev. Stat. § 28-1905 Offense under foreign law; acts prohibited; violation; penalty.
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(1) A person commits an offense if, while acting as the agent of a foreign principal, such person: (a) Intentionally engages in the prevention, detection, investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of a government of a foreign count…
Neb. Rev. Stat. § 28-1906 Transnational repression; Nebraska State Patrol; report.
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The Nebraska State Patrol may prepare or commission an empirical and qualitative report on the threat of transnational repression in Nebraska and electronically submit such report to the Legislature.
Neb. Rev. Stat. § 28-1907 Transnational repression; Nebraska State Patrol; training.
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(1) The Nebraska State Patrol may develop a transnational repression recognition and response training. The training may be regularly updated to address emerging threats and specific information on tactics used by specific foreign principals. (2) Such training may include: (a) Ho…
Neb. Rev. Stat. § 28-1908 Transnational repression; Nebraska State Patrol; website; powers; reports to the Legislature.
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(1) The Nebraska State Patrol may develop a centralized and convenient website that allows members of the public to report instances of transnational repression. The website may include options for reporting in languages commonly spoken in Nebraska, including particularly languag…
Neb. Rev. Stat. § 28-201 Criminal attempt; conduct; penalties.
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(1) A person shall be guilty of an attempt to commit a crime if he or she: (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he or she believes them to be; or (b) Intentionally engages in conduct which, under the circumst…
Neb. Rev. Stat. § 28-202 Conspiracy, defined; penalty.
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(1) A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a felony: (a) He agrees with one or more persons that they or one or more of them shall engage in or solicit the conduct or shall cause or solicit the result specified b…
Neb. Rev. Stat. § 28-203 Conspiracy; renunciation of criminal intent.
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In a prosecution for criminal conspiracy, it shall be an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort …
Neb. Rev. Stat. § 28-204 Accessory to felony, defined; penalties.
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(1) A person is guilty of being an accessory to felony if with intent to interfere with, hinder, delay, or prevent the discovery, apprehension, prosecution, conviction, or punishment of another for an offense, he or she: (a) Harbors or conceals the other; (b) Provides or aids in …
Neb. Rev. Stat. § 28-205 Aiding consummation of felony; penalty.
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(1) A person is guilty of aiding consummation of felony if he intentionally aids another to secrete, disguise, or convert the proceeds of a felony or otherwise profit from a felony. (2) If the crime involved is a felony of any class, aiding consummation of crime is a Class IV fel…
Neb. Rev. Stat. § 28-206 Prosecuting for aiding and abetting.
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A person who aids, abets, procures, or causes another to commit any offense may be prosecuted and punished as if he were the principal offender.
Neb. Rev. Stat. § 28-3,100 Applicability of act.
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The Assault of an Unborn Child Act does not apply to: (1) Any act or conduct that is committed or engaged in by the mother of the unborn child; (2) Any medical procedure performed with the consent of the mother; or (3) Dispensing a drug or device in accordance with law or adminis…
Neb. Rev. Stat. § 28-3,101 Prosecution of separate acts.
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Assault on a pregnant woman and assault on her unborn child shall be considered as separate acts or conduct for purposes of prosecution.
Neb. Rev. Stat. § 28-3,102 Act, how cited.
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Sections 28-3,102 to 28-3,111 shall be known and may be cited as the Pain-Capable Unborn Child Protection Act.
Neb. Rev. Stat. § 28-3,103 Terms, defined.
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For purposes of the Pain-Capable Unborn Child Protection Act: (1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probabi…
Neb. Rev. Stat. § 28-3,104 Legislative findings.
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The Legislature makes the following findings: (1) At least by twenty weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain; (2) There is substantial evidence that, by twenty weeks after fertilization,…
Neb. Rev. Stat. § 28-3,105 Determination of probable postfertilization age of unborn child; physician; duties.
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(1) Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertil…
Neb. Rev. Stat. § 28-3,106 Abortion; performance; restrictions.
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No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization…
Neb. Rev. Stat. § 28-3,107 Report to Department of Health and Human Services; contents; department; issue public report; failure to file report; late fee; prohibited acts; penalty.
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(1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health and Human Services, on a schedule and in accordance with forms and rules and regulations adopted and promulgated by the department: (a) If a determinati…
Neb. Rev. Stat. § 28-3,108 Prohibited abortion; penalty.
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Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.
Neb. Rev. Stat. § 28-3,109 Action for damages; action for injunctive relief; attorney's fees.
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(1) Any woman upon whom an abortion has been performed in violation of the Pain-Capable Unborn Child Protection Act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or …
Neb. Rev. Stat. § 28-3,110 Anonymity; court orders authorized.
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In every civil or criminal proceeding or action brought under the Pain-Capable Unborn Child Protection Act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give…
Neb. Rev. Stat. § 28-3,111 Severability.
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If any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and th…
Neb. Rev. Stat. § 28-301 Compounding a felony, defined; penalty.
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(1) A person is guilty of compounding a felony if he accepts or agrees to accept any pecuniary benefit or other reward or promise thereof, as consideration for: (a) Refraining from seeking prosecution of an offender; or (b) Refraining from reporting to law enforcement authorities…
Neb. Rev. Stat. § 28-302 Homicide; terms, defined.
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As used in sections 28-302 to 28-306, unless the context otherwise requires: (1) Homicide shall mean the killing of a person by another; (2) Person, when referring to the victim of a homicide, shall mean a human being who had been born and was alive at the time of the homicidal a…
Neb. Rev. Stat. § 28-303 Murder in the first degree; penalty.
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A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any pub…
Neb. Rev. Stat. § 28-304 Murder in the second degree; penalty.
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(1) A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation. (2) Murder in the second degree is a Class IB felony.
Neb. Rev. Stat. § 28-305 Manslaughter; penalty.
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(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act. (2) Manslaughter is a Class IIA felony.
Neb. Rev. Stat. § 28-306 Motor vehicle homicide; penalty.
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(1) A person who causes the death of another unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide. (2) Except as provided in subsection (3…
Neb. Rev. Stat. § 28-307 Assisting suicide, defined; penalty.
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(1) A person commits assisting suicide when, with intent to assist another person in committing suicide, he aids and abets him in committing or attempting to commit suicide. (2) Assisting suicide is a Class IV felony.
Neb. Rev. Stat. § 28-308 Assault in the first degree; penalty.
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(1) A person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person. (2) Assault in the first degree shall be a Class II felony.
Neb. Rev. Stat. § 28-309 Assault in the second degree; penalty.
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(1) A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; (b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or (c) Unla…
Neb. Rev. Stat. § 28-310 Assault in the third degree; penalty.
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(1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or (b) Threatens another in a menacing manner. (2) Assault in the third degree shall be a Class I misdemeanor unless committe…
Neb. Rev. Stat. § 28-310.01 Assault by strangulation or suffocation; penalty; affirmative defense.
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(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally: (a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or (b) Impedes the…
Neb. Rev. Stat. § 28-311 Criminal child enticement; attempt; penalties.
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(1)(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure any child under the age of fourteen years to enter into any vehicle, whether or not the person knows the age of the child. (b…
Neb. Rev. Stat. § 28-311.01 Terroristic threats; penalty.
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(1) A person commits terroristic threats if he or she threatens to commit any crime of violence: (a) With the intent to terrorize another; (b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or (c) In reckless disr…
Neb. Rev. Stat. § 28-311.02 Stalking and harassment; legislative intent; terms, defined.
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(1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any …
Neb. Rev. Stat. § 28-311.03 Stalking.
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Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
Neb. Rev. Stat. § 28-311.04 Stalking; violations; penalties.
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A violation of section 28-311.03 is a Class IIIA felony.
Neb. Rev. Stat. § 28-311.05 Stalking; not applicable to certain conduct.
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Sections 28-311.02 to 28-311.04 shall not apply to conduct which occurs during labor picketing.
Neb. Rev. Stat. § 28-311.06 Hazing, defined; penalty.
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(1) For purposes of this section, hazing means any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any orga…
Neb. Rev. Stat. § 28-311.07 Hazing; consent not a defense.
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Notwithstanding any provisions to the contrary, consent shall not be a defense to a prosecution pursuant to section 28-311.06.
Neb. Rev. Stat. § 28-311.08 Unlawful intrusion; photograph, film, or record image or video of intimate area; distribute or make public; penalty; court; duties; registration under Sex Offender Registration Act; statute of limitations.
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(1) It shall be unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony. (2) …
Neb. Rev. Stat. § 28-312 Terms, defined.
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As used in sections 28-312 to 28-315, unless the context otherwise requires: (1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty: (a) By means of force, threat, or deception; or (b) If the person is under the age…
Neb. Rev. Stat. § 28-313 Kidnapping; penalties.
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(1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him for ransom or reward; or (b) Use him as a shield or hostage; or (c) Terrorize him or a third person; or (d) Commit a felony; …
Neb. Rev. Stat. § 28-314 False imprisonment in the first degree; penalty.
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(1) A person commits false imprisonment in the first degree if he or she knowingly restrains or abducts another person (a) under terrorizing circumstances or under circumstances which expose the person to the risk of serious bodily injury; or (b) with intent to hold him or her in…
Neb. Rev. Stat. § 28-315 False imprisonment in the second degree; penalty.
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(1) A person commits false imprisonment in the second degree if he knowingly restrains another person without legal authority. (2) In any prosecution under this section, it shall be an affirmative defense that the person restrained (a) was on or in the immediate vicinity of the p…
Neb. Rev. Stat. § 28-316 Violation of custody; penalty.
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(1) Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other lawful custodian …