Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
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) …
Repealed. Laws 2025, LB80, § 52.
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[Repealed or reserved.]
Repealed. Laws 2025, LB80, § 52.
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[Repealed or reserved.]
Repealed. Laws 2025, LB80, § 52.
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[Repealed or reserved.]
Transferred to section 26-124.
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[Repealed or reserved.]
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 …
Neb. Rev. Stat. § 28-316.01 Sexual abuse by a school worker; penalty.
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(1) For purposes of this section: (a) Sexual contact has the same meaning as in section 28-318; (b) Sexual penetration has the same meaning as in section 28-318; (c) School means a public, private, denominational, or parochial school approved or accredited by the State Department…
Neb. Rev. Stat. § 28-317 Sexual assault; legislative intent.
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It is the intent of the Legislature to enact laws dealing with sexual assault and related criminal sexual offenses which will protect the dignity of the victim at all stages of judicial process, which will insure that the alleged offender in a criminal sexual offense case have pr…
Neb. Rev. Stat. § 28-318 Terms, defined.
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As used in sections 28-317 to 28-322.07, unless the context otherwise requires: (1) Actor means a person accused of sexual assault; (2) Intimate parts means the genital area, groin, inner thighs, buttocks, or breasts; (3) Past sexual behavior means sexual behavior other than the …
Neb. Rev. Stat. § 28-319 Sexual assault; first degree; penalty.
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(1) Any person who subjects another person to sexual penetration (a) without the consent of the victim, (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nin…
Neb. Rev. Stat. § 28-319.01 Sexual assault of a child; first degree; penalty.
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(1) A person commits sexual assault of a child in the first degree: (a) When he or she subjects another person under twelve years of age to sexual penetration and the actor is at least nineteen years of age or older; or (b) When he or she subjects another person who is at least t…
Neb. Rev. Stat. § 28-320 Sexual assault; second or third degree; penalty.
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(1) Any person who subjects another person to sexual contact (a) without consent of the victim, or (b) who knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in eit…
Neb. Rev. Stat. § 28-320.01 Sexual assault of a child; second or third degree; penalties.
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(1) A person commits sexual assault of a child in the second or third degree if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older. (2) Sexual assault of a child is in the second degree if …
Neb. Rev. Stat. § 28-320.02 Sexual assault; use of electronic communication device; prohibited acts; penalties.
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(1) No person shall knowingly solicit, coax, entice, or lure (a) a child sixteen years of age or younger or (b) a peace officer who is believed by such person to be a child sixteen years of age or younger, by means of an electronic communication device as that term is defined in …
Repealed. Laws 2009, LB 97, § 36.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-322 Sexual abuse of an inmate, parolee, probationer, or problem solving court participant; terms, defined.
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For purposes of sections 28-322 to 28-322.03: (1) Department means the Department of Correctional Services; (2) Inmate means any individual confined in a facility operated by the department or a jail; (3) Jail means any jail or correctional facility of a city or county; (4) Offic…
Neb. Rev. Stat. § 28-322.01 Sexual abuse of an inmate, parolee, probationer, or problem solving court participant.
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(1) A person commits the offense of sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant if such person subjects an inmate, a parolee, a probationer, or a problem solving court participant to sexual penetration or sexual contact. (2) It is n…
Neb. Rev. Stat. § 28-322.02 Sexual abuse of an inmate, parolee, probationer, or problem solving court participant in the first degree; penalty.
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Any person who subjects an inmate, a parolee, a probationer, or a problem solving court participant to sexual penetration in violation of section 28-322.01 is guilty of sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant in the first degree…
Neb. Rev. Stat. § 28-322.03 Sexual abuse of an inmate, parolee, probationer, or problem solving court participant in the second degree; penalty.
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Any person who subjects an inmate, a parolee, a probationer, or a problem solving court participant to sexual contact in violation of section 28-322.01 is guilty of sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant in the second degree. S…
Neb. Rev. Stat. § 28-322.04 Sexual abuse of a protected individual; penalties.
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(1) For purposes of this section: (a) Person means an individual employed by the Department of Health and Human Services and includes, but is not limited to, any individual working in central administration or regional service areas or facilities of the department and any individ…
Neb. Rev. Stat. § 28-322.05 Sexual abuse of a detainee; penalty.
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(1) For purposes of this section: (a) Detainee means an individual who has been: (i) Arrested by a person; (ii) Detained by a person, regardless of whether the detainee has been arrested or charged; or (iii) Placed into the custody of a person, regardless of whether the detainee …
Neb. Rev. Stat. § 28-322.06 Sexual abuse by a conservator, guardian, or guardian ad litem; first or second degree; penalty.
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(1) A conservator, guardian, or guardian ad litem shall not subject any individual whom he or she has been appointed to serve as a conservator, guardian, or guardian ad litem to sexual penetration or sexual contact. (2) It is not a defense to a charge under this section that such…
Neb. Rev. Stat. § 28-322.07 Sexual abuse by a child welfare service provider; first or second degree; penalty.
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(1) For purposes of this section: (a) Child welfare service provider means any: (i) Individual or entity providing child welfare services, including, but not limited to, any person with a contract or agreement with the Department of Health and Human Services to provide child welf…
Neb. Rev. Stat. § 28-323 Domestic assault; penalties.
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(1) A person commits the offense of domestic assault in the third degree if he or she: (a) Intentionally, knowingly, or recklessly causes bodily injury to his or her intimate partner; or (b) Threatens an intimate partner with imminent bodily injury. (2) A person commits the offen…
Neb. Rev. Stat. § 28-324 Robbery; penalty.
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(1) A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever. (2) Robbery is a Class II felony.
Neb. Rev. Stat. § 28-325 Abortion; declaration of purpose.
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The Legislature hereby finds and declares: (1) That the following provisions were motivated by the legislative intrusion of the United States Supreme Court by virtue of its decision removing the protection afforded the unborn. Sections 28-325 to 28-345 are in no way to be constru…
Neb. Rev. Stat. § 28-326 Terms, defined.
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For purposes of sections 28-325 to 28-345 and 28-347 to 28-347.06, unless the context otherwise requires: (1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pre…
Neb. Rev. Stat. § 28-327 Abortion; voluntary and informed consent required; exception.
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No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if: (1) The woman is told the following by the…
Neb. Rev. Stat. § 28-327.01 Department of Health and Human Services; printed materials; duties; availability; Internet website information; reporting form; contents.
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(1) The Department of Health and Human Services shall cause to be published the following easily comprehensible printed materials: (a) Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pre…
Neb. Rev. Stat. § 28-327.02 Abortion; emergency situation; physician; duties.
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When an emergency situation compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial impairme…
Neb. Rev. Stat. § 28-327.03 Civil liability; limitation.
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No civil liability for failure to comply with subdivision (2)(d) of section 28-327 or that portion of subdivision (7) of such section requiring a written certification that the woman has been informed of her right to review the information referred to in subdivision (2)(d) of suc…
Neb. Rev. Stat. § 28-327.04 Civil cause of action; authorized; evidence of professional negligence; attorney's fee.
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Any person upon whom an abortion has been performed or attempted in violation of section 28-327 or the parent or guardian of a minor upon whom an abortion has been performed or attempted in violation of such section shall have a right to maintain a civil cause of action against t…
Neb. Rev. Stat. § 28-327.05 Civil action; anonymity of woman; procedures.
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In every civil action brought pursuant to section 28-327.04, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon moti…
Neb. Rev. Stat. § 28-327.06 Waiver of evaluations and notices; void and unenforceable.
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Any waiver of the evaluations and notices provided for in subdivision (4) of section 28-327 is void and unenforceable.
Neb. Rev. Stat. § 28-327.07 Damages.
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In addition to whatever remedies are available under the common or statutory laws of this state, the intentional, knowing, or negligent failure to comply with the requirements of section 28-327 shall provide a basis for the following damages: (1) The award of reasonable costs and…
Neb. Rev. Stat. § 28-327.08 Action for civil remedies.
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Any action for civil remedies based on a failure to comply with the requirements of section 28-327 shall be commenced in accordance with section 25-222 or 44-2828.
Neb. Rev. Stat. § 28-327.09 Minor; burden of proof.
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If a physician performed an abortion on a pregnant woman who is a minor without providing the information required in section 28-327 to the pregnant woman's parent or legal guardian, then the physician bears the burden of proving that the pregnant woman was capable of independent…
Neb. Rev. Stat. § 28-327.10 Time requirement.
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Except in the case of an emergency situation, if a pregnant woman is provided with the information required by section 28-327 less than twenty-four hours before her scheduled abortion, the physician shall bear the burden of proving that the pregnant woman had sufficient reflectio…
Neb. Rev. Stat. § 28-327.11 Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.
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In a civil action involving section 28-327, the following shall apply: (1) In determining the liability of the physician and the validity of the consent of a pregnant woman, the failure to comply with the requirements of section 28-327 shall create a rebuttable presumption that t…
Neb. Rev. Stat. § 28-327.12 Statute of limitations; tolled; section, how construed; violations; how treated.
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(1) In the event that any portion of section 28-327 is enjoined and subsequently upheld, the statute of limitations for filing a civil suit under section 28-327 shall be tolled during the period for which the injunction is pending and for two years thereafter. (2) Nothing in sect…
Neb. Rev. Stat. § 28-328 Partial-birth abortion; prohibition; violation; penalties.
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(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or ar…
Neb. Rev. Stat. § 28-329 Abortion; when not to be performed.
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No abortion shall be performed after the time at which, in the sound medical judgment of the attending physician, the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.
Neb. Rev. Stat. § 28-330 Abortion procedure; protection of viable, unborn child.
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In any abortion performed pursuant to section 28-329, all reasonable precautions, in accord with the sound medical judgment of the attending physician and compatible with preserving the life or health of the mother, shall be taken to insure the protection of the viable, unborn ch…
Neb. Rev. Stat. § 28-331 Care and treatment of child aborted.
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When as the result of an abortion a child is, in the sound medical judgment of the attending physician, born alive, then all reasonable steps, in accordance with the sound medical judgment of the attending physician, shall be employed to preserve the life of the child. For purpos…
Neb. Rev. Stat. § 28-332 Violation; penalty.
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The intentional and knowing violation of section 28-329, 28-330, or 28-331 is a Class IV felony.
Repealed. Laws 1984, LB 695, § 9.
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[Repealed or reserved.]