Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
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…
Transferred to section 50-434.
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[Repealed or reserved.]
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.
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 Applicability of act.
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.