Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-1110 Gambling; prosecution; not in violation of jurisdiction where conducted; no defense.
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It shall be no defense to a prosecution under any provision of this article relating to gambling that the gambling is conducted outside this state and is not in violation of the laws of the jurisdiction in which it is conducted.
Neb. Rev. Stat. § 28-1111 Gambling device or record; money used as a bet or stake; other property; forfeited to state; hearing.
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In addition to any penalty provided in section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 or a…
Neb. Rev. Stat. § 28-1112 Defendant, status as a player; affirmative defense, when.
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In any prosecution for an offense defined in this article, when the defendant's status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense.
Neb. Rev. Stat. § 28-1113 Article, how construed.
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Nothing in this article shall be construed to: (1) Apply to or prohibit wagering on the results of horseraces by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horserace meetings; (2) Prohibit or punish the conducting o…
Transferred to section 9-701.
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[Repealed or reserved.]
Transferred to section 9-510.
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[Repealed or reserved.]
Transferred to section 9-608.
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[Repealed or reserved.]
Transferred to section 9-609.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 1027, § 225.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1117 Proof of occurrence of sporting event; prima facie evidence.
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In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and …
Neb. Rev. Stat. § 28-112 Allegations set forth in indictment or information; burden of proof.
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The allegations stating that the underlying offense was committed because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person's association with a person of a certain race, color, religion, ance…
Neb. Rev. Stat. § 28-113 Civil action authorized; statute of limitations; proof required.
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(1) A person against whom a violation of section 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney's fees, and costs. (2) A civil action brought pursuant to this section must be brought within four years afte…
Neb. Rev. Stat. § 28-114 Nebraska Commission on Law Enforcement and Criminal Justice; duties.
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The Nebraska Commission on Law Enforcement and Criminal Justice shall establish and maintain a central repository for the collection and analysis of information regarding criminal offenses committed against a person because of the person's race, color, religion, ancestry, nationa…
Neb. Rev. Stat. § 28-115 Criminal offense against a pregnant woman; enhanced penalty.
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(1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the crimin…
Neb. Rev. Stat. § 28-116 Changes made by Laws 2015, LB605; applicability.
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The changes made to the sections listed in this section by Laws 2015, LB605, shall not apply to any offense committed prior to August 30, 2015. Any such offense shall be construed and punished according to the provisions of law existing at the time the offense was committed. For …
Neb. Rev. Stat. § 28-117 Department of Health and Human Services; information on programs and services.
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On or before December 1, 2019, the Department of Health and Human Services shall make publicly available information on programs and services available for referral by the department to respond to the safety and needs of children reported or suspected to be victims of sex traffic…
Neb. Rev. Stat. § 28-1201 Terms, defined; applicability.
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For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires: (1) Case means (a) a hard-sided or soft-sided box, container, or receptacle intended or designed for the primary purpose of storing or transporting a firearm or (b) the firearm manufacturer's o…
Neb. Rev. Stat. § 28-1202 Minor or prohibited person; carrying concealed weapon; penalty.
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(1) A minor or a prohibited person shall not carry a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon. (2) A violation of this section is a Class I misdemeanor for a first offense and a Class…
Neb. Rev. Stat. § 28-1202.01 Carrying concealed handgun; locations; restrictions; posting of prohibition; violation; penalty; affirmative defense; applicability.
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(1) Except as otherwise provided in this section and section 28-1204.04, a person, other than a minor or a prohibited person, may carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act. (2) Except as provided in subsection …
Neb. Rev. Stat. § 28-1202.02 Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty.
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(1) Except as provided in subsections (2), (3), and (4) of this section, a person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person: (a) Is consuming alcohol; or (b) Has remaining in such pe…
Neb. Rev. Stat. § 28-1202.03 Carrying concealed handgun; identification document, required; applicability; violation; penalty.
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(1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun. (b) This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun p…
Neb. Rev. Stat. § 28-1202.04 Carrying concealed handgun; contact with peace officer or emergency services personnel; procedures for securing handgun; applicability; violation; penalty.
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(1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun. (b) This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun p…
Neb. Rev. Stat. § 28-1203 Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.
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(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony. (2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members o…
Neb. Rev. Stat. § 28-1204 Unlawful possession of a handgun; exceptions; penalty.
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(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun. (2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of th…
Neb. Rev. Stat. § 28-1204.01 Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty.
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(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of th…
Neb. Rev. Stat. § 28-1204.02 Confiscation of firearm; disposition.
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Any firearm in the possession of a person in violation of section 28-1204 or 28-1204.01 shall be confiscated by a peace officer or other authorized law enforcement officer. Such firearm shall be held by the agency employing such officer until it no longer is required as evidence.
Neb. Rev. Stat. § 28-1204.03 Firearms and violence; legislative findings.
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The Legislature finds that: (1) Increased violence at schools has become a national, state, and local problem; (2) Increased violence and the threat of violence has a grave and detrimental impact on the educational process in Nebraska schools; (3) Increased violence has caused fe…
Neb. Rev. Stat. § 28-1204.04 Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain firearms; disposition.
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(1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school. Unlawful possession of a firearm at a school is a Class …
Neb. Rev. Stat. § 28-1204.05 Unlawful possession of a firearm by a prohibited juvenile offender; penalty; exceptions; reinstatement of right to possess firearm; procedure; court; considerations; order; how construed.
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(1) Except as provided in subsections (3) and (4) of this section, a person under the age of twenty-five years who knowingly possesses a firearm commits the offense of possession of a firearm by a prohibited juvenile offender if he or she has previously been adjudicated an offend…
Neb. Rev. Stat. § 28-1205 Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; carrying a firearm or destructive device during the commission of a dangerous misdemeanor; penalty; separate and distinct offense; proof of possession.
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(1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony. (b) Use of a deadly weapon, other than a firea…
Neb. Rev. Stat. § 28-1206 Possession of a deadly weapon by a prohibited person; penalty.
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(1) A person commits the offense of possession of a deadly weapon by a prohibited person if he or she: (a) Possesses a firearm, a knife, or brass or iron knuckles and he or she: (i) Has previously been convicted of a felony; (ii) Is a fugitive from justice; (iii) Is the subject o…
Neb. Rev. Stat. § 28-1207 Possession of a defaced firearm; penalty.
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(1) Any person who knowingly possesses, receives, sells, or leases, other than by delivery to law enforcement officials, any firearm from which the manufacturer's identification mark or serial number has been removed, defaced, altered, or destroyed, commits the offense of possess…
Neb. Rev. Stat. § 28-1208 Defacing a firearm; penalty.
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(1) Any person who intentionally removes, defaces, covers, alters, or destroys the manufacturer's identification mark or serial number or other distinguishing numbers on any firearm commits the offense of defacing a firearm. (2) Defacing a firearm is a Class III felony.
Neb. Rev. Stat. § 28-1209 Failure to register tranquilizer guns; penalty.
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(1) Any person who fails or neglects to register any gun or other device designed, adapted or used for projecting darts or other missiles containing tranquilizers or other chemicals or compounds which will produce unconsciousness or temporary disability in live animals, with the …
Neb. Rev. Stat. § 28-1210 Failure to notify the sheriff of the sale of tranquilizer guns; penalty; record.
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(1) Any person, partnership, limited liability company, or corporation selling any gun or other device as described in section 28-1209 which fails to immediately notify the sheriff of the county of the sale and giving the name and address of the purchaser thereof and the make and…
Repealed. Laws 2014, LB 699, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-1212 Presence of firearm in motor vehicle; prima facie evidence.
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The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the…
Neb. Rev. Stat. § 28-1212.01 Unlawful discharge of firearm; terms, defined.
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For purposes of sections 28-1212.02 and 28-1212.04: (1) Aircraft means any contrivance intended for and capable of transporting persons through the airspace; (2) Inhabited means currently being used for dwelling purposes; and (3) Occupied means that a person is physically present…
Neb. Rev. Stat. § 28-1212.02 Unlawful discharge of firearm; penalty.
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Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilt…
Neb. Rev. Stat. § 28-1212.03 Stolen firearm; prohibited acts; violation; penalty.
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(1) Any person who possesses, receives, retains, or disposes of a stolen firearm knowing that it has been or believing that it has been stolen shall be guilty of a Class IIA felony unless the firearm is possessed, received, retained, or disposed of with intent to restore it to th…
Neb. Rev. Stat. § 28-1212.04 Discharge of firearm in certain cities and counties; prohibited acts; penalty.
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Any person, within the territorial boundaries of any city of the first class or county containing a city of the metropolitan class or primary class, who unlawfully, knowingly, and intentionally or recklessly discharges a firearm, while in any motor vehicle or in the proximity of …
Neb. Rev. Stat. § 28-1213 Explosives, destructive devices, other terms; defined.
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For purposes of sections 28-1213 to 28-1239, unless the context otherwise requires: (1) Person means any individual, corporation, company, association, firm, partnership, limited liability company, society, or joint-stock company; (2) Business enterprise means any corporation, pa…
Neb. Rev. Stat. § 28-1214 Explosives control; applicability of sections.
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(1) Sections 28-1213 to 28-1239 shall apply to persons engaged in the manufacture, ownership, possession, storage, use, transportation, purchase, sale, or gift of explosive materials, except as may be otherwise indicated herein. (2) Sections 28-1213 to 28-1239 shall not apply to …
Neb. Rev. Stat. § 28-1215 Unlawful possession of explosive materials, first degree; exception; penalty.
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(1) Except as provided in subsection (2) of this section, any person who is ineligible to obtain a permit from the Nebraska State Patrol and who possesses or stores explosive materials commits the offense of unlawful possession of explosive materials in the first degree. (2) Subs…
Neb. Rev. Stat. § 28-1216 Unlawful possession of explosive materials, second degree; penalty.
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(1) Except as provided in subsection (2) of this section, any person who is eligible to obtain a permit from the Nebraska State Patrol or has a valid educational, industrial, commercial, agricultural, or other legitimate need for a permit and who possesses or stores explosive mat…
Neb. Rev. Stat. § 28-1217 Unlawful sale of explosives; penalty.
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(1) Any person who knowingly and intentionally sells, transfers, issues, or gives any explosive materials to any person who does not display a valid permit issued by the Nebraska State Patrol authorizing the storage or use of such explosive materials or, in the case of a business…
Neb. Rev. Stat. § 28-1218 Use of explosives without a permit; penalty.
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(1) Any person who uses any explosive materials for any purpose whatsoever, unless such person has obtained a permit from the Nebraska State Patrol to use such explosive materials or uses such explosive materials under the supervision of a permitholder, commits the offense of use…
Neb. Rev. Stat. § 28-1219 Obtaining a permit through false representation; penalty.
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(1) Any person who knowingly withholds information or makes any false, fictitious, or misrepresented statement or furnishes or exhibits any false, fictitious, or misrepresented identification for the purpose of obtaining a permit or relief from disability under the provisions of …
Neb. Rev. Stat. § 28-1220 Possession of a destructive device; penalty; permit or license for explosive materials; no defense.
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(1) Any person who has in his possession a destructive device, as defined in subdivision (7) of section 28-1213, commits the offense of possession of a destructive device. (2) A permit or license issued under any state or federal law to possess, own, use, distribute, sell, manufa…
Neb. Rev. Stat. § 28-1221 Threatening the use of explosives; placing a false bomb; penalty.
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(1) A person who conveys any threat or maliciously conveys to any other person false information knowing the same to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any individual or unlawfully to damage or destroy any bu…