Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-459 Methamphetamine precursor; seller; duties; waiver authorized.
2.1K chars
(1) Beginning January 1, 2012, each seller shall, before completing a sale of a methamphetamine precursor, electronically submit required information to the exchange, if the exchange is available to sellers. Required information shall include, but not be limited to: (a) The name,…
Neb. Rev. Stat. § 28-460 Methamphetamine precursor; access to exchange to law enforcement.
0.3K chars
As a condition of use in Nebraska, the National Association of Drug Diversion Investigators shall provide real-time access to the exchange through its online portal to law enforcement in this state as authorized by the Attorney General and no fee or charge shall be imposed on a s…
Neb. Rev. Stat. § 28-461 Methamphetamine precursor; seller; immunity.
0.2K chars
A seller utilizing in good faith sections 28-458 to 28-462 shall be immune from any civil cause of action based upon an act or omission in carrying out such sections.
Neb. Rev. Stat. § 28-462 Methamphetamine precursor; prohibited acts; penalty.
0.3K chars
Beginning January 1, 2013, a seller that knowingly fails to submit methamphetamine precursor information to the exchange as required by sections 28-458 to 28-462 or knowingly submits incorrect information to the exchange shall be guilty of a Class IV misdemeanor.
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2025, LB2, § 1.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 28-470 Opioid overdose reversal medication; authorized activities; immunity from administrative action, criminal prosecution, or civil liability.
5.8K chars
(1) A health professional who is authorized to prescribe or dispense an opioid overdose reversal medication, if acting with reasonable care, may prescribe, administer, or dispense such medication to any of the following persons without being subject to administrative action or cr…
Neb. Rev. Stat. § 28-471 Lookalike substance; prohibited acts; penalty.
1.2K chars
(1) A person shall not offer, display, market, advertise for sale, or sell a lookalike substance. A violation of this section shall be deemed to have occurred if a person knowingly offers, displays, markets, advertises for sale, or sells a lookalike substance and the packaging co…
Neb. Rev. Stat. § 28-472 Drug overdose; exception from criminal liability; conditions.
2.4K chars
(1) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if: (a) Such person made a good faith request for emergency medical assistance in response to a drug overdose of himself, herself, or another; (b) Such person made a request for medical a…
Transferred to section 38-1,144.
0.0K chars
[Repealed or reserved.]
Transferred to section 38-1,145.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 28-475 Opiates; receipt; identification required.
0.5K chars
(1) Unless the individual taking receipt of dispensed opiates listed in Schedule II, III, or IV of section 28-405 is personally and positively known to the pharmacist or dispensing practitioner, the individual shall display a valid driver's or operator's license, a state identifi…
Neb. Rev. Stat. § 28-476 Hemp; carry or transport; requirements; peace officer; powers; violation; penalty.
1.8K chars
(1) No person shall carry or transport hemp in this state unless such hemp is: (a) Produced in compliance with the requirements of the Agriculture Improvement Act of 2018, as such act is defined in section 2-503; and (b) Carried or transported as provided in section 2-515. (2)(a)…
Neb. Rev. Stat. § 28-501 Building, defined.
0.6K chars
As used in this article, unless the context otherwise requires, building shall mean a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes ships, trailers, sleeping cars, aircraft, or other vehicles or places adap…
Neb. Rev. Stat. § 28-502 Arson, first degree; penalty.
0.8K chars
(1) A person commits arson in the first degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion when another person is present in the building at the time and either (a) the actor knows that fact, or …
Neb. Rev. Stat. § 28-503 Arson, second degree; penalty.
0.8K chars
(1) A person commits arson in the second degree if he or she intentionally damages a building or property contained within a building by starting a fire or causing an explosion or if a fire is started or an explosion is caused in the perpetration of any robbery, burglary, or felo…
Neb. Rev. Stat. § 28-504 Arson, third degree; penalty.
0.8K chars
(1) A person commits arson in the third degree if he or she intentionally sets fire to, burns, causes to be burned, or by the use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another person without such other person's consent. Such …
Neb. Rev. Stat. § 28-505 Burning to defraud insurer; penalty.
0.4K chars
Any person who, with the intent to deceive or harm an insurer, sets fire to or burns or attempts so to do, or who causes to be burned, or who aids, counsels or procures the burning of any building or personal property, of whatsoever class or character, whether the property of him…
Neb. Rev. Stat. § 28-506 Lawful burning of property; training and safety promotion purposes; permit.
0.7K chars
Property may be lawfully destroyed by burning such structures as condemned by law, structures no longer having any value for habitation or business or no longer serving any useful value in the area in which situated, and any other combustible material that will serve to be used f…
Neb. Rev. Stat. § 28-507 Burglary; penalty.
0.3K chars
(1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value. (2) Burglary is a Class IIA felony.
Neb. Rev. Stat. § 28-508 Possession of burglar's tools; penalty.
0.7K chars
(1) A person commits the offense of possession of burglar's tools if such person: (a) Knowingly possesses any explosive, tool, instrument, key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail, or other article adap…
Neb. Rev. Stat. § 28-509 Terms, defined.
2.7K chars
As used in sections 28-509 to 28-518, unless the context otherwise requires: (1) Deprive shall mean: (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of…
Neb. Rev. Stat. § 28-510 Consolidation of theft offenses.
0.7K chars
Conduct denominated theft in sections 28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like. An accusation of t…
Neb. Rev. Stat. § 28-511 Theft by unlawful taking or disposition.
1.7K chars
(1) A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof. (2) A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent t…
Neb. Rev. Stat. § 28-511.01 Theft by shoplifting; penalty; photographic evidence.
2.3K chars
(1) A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating goods or merchandise to his or her own use without paying for the goods or merchandise or to deprive the owner of possession of such goods or merchandise or its retail value, i…
Neb. Rev. Stat. § 28-511.02 Theft of rented or leased motor vehicle; where tried.
0.3K chars
In any criminal prosecution for theft pursuant to subsection (4) of section 28-511, the accused shall be tried in the county where the motor vehicle was rented or leased or where the motor vehicle was recovered except as otherwise provided in section 25-412.03.
Neb. Rev. Stat. § 28-511.03 Possession of security device countermeasure; penalty.
0.4K chars
(1) It shall be unlawful for any person, other than an authorized agent of a store or retail establishment, to possess, in that store, any security device countermeasure. (2) For purposes of this section, security device countermeasure means a device which bypasses, disables, or …
Neb. Rev. Stat. § 28-512 Theft by deception.
1.4K chars
A person commits theft if he obtains property of another by deception. A person deceives if he intentionally: (1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; but deception as to a person's intention to…
Neb. Rev. Stat. § 28-513 Theft by extortion.
1.5K chars
(1) A person commits theft if he or she obtains property, money, or other thing of value of another by threatening to: (a) Inflict bodily injury on anyone or commit any other criminal offense; (b) Accuse anyone of a criminal offense; (c) Expose any secret tending to subject any p…
Neb. Rev. Stat. § 28-514 Theft of property lost, mislaid, or delivered by mistake; penalty.
0.9K chars
(1) A person who comes into control of property of another that he or she knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient commits theft if, with intent to deprive the owner thereof, he or s…
Neb. Rev. Stat. § 28-515 Theft of services.
1.0K chars
(1) A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or threat or by false token or other means to avoid payment for the service. Services include labor, professional service, telephone service, electric…
Neb. Rev. Stat. § 28-515.01 Theft of telecommunications service; penalty.
1.2K chars
(1) It is unlawful for any person to: (a) Knowingly make or possess any device designed to or commonly used to obtain telecommunications service fraudulently from a licensed cable television franchisee with the intent to use such device in the commission of an offense described i…
Neb. Rev. Stat. § 28-515.02 Electric current, gas, and water; avoiding meter measurement; reconnection; penalty.
1.8K chars
(1) It is unlawful for any person: (a) To connect any instrument, device, or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of the supplier of su…
Neb. Rev. Stat. § 28-516 Unauthorized use of a propelled vehicle; affirmative defense; penalties.
0.7K chars
(1) A person commits the offense of unauthorized use of a propelled vehicle if he or she intentionally exerts unauthorized control over another's propelled vehicle by operating it without the owner's consent. (2) Propelled vehicle shall mean an automobile, airplane, motorcycle, m…
Neb. Rev. Stat. § 28-517 Theft by receiving stolen property.
0.3K chars
A person commits theft if he receives, retains, or disposes of stolen movable property of another knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained, or disposed with intention to restore it to the owner.
Neb. Rev. Stat. § 28-518 Grading of theft offenses; aggregation allowed; when.
1.6K chars
(1) Theft constitutes a Class IIA felony when the value of the thing involved is five thousand dollars or more. (2) Theft constitutes a Class IV felony when the value of the thing involved is one thousand five hundred dollars or more but less than five thousand dollars. (3) Theft…
Neb. Rev. Stat. § 28-519 Criminal mischief; penalty.
2.0K chars
(1) For purposes of this section: (a) Tamper means to interfere with, displace, remove, damage, disable, destroy, set fire to, impair, or otherwise interfere with something without lawful authority or express permission; and (b) Rail infrastructure means any of the following that…
Neb. Rev. Stat. § 28-520 Criminal trespass, first degree; penalty.
0.9K chars
(1) A person commits first degree criminal trespass if: (a) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or (b) He or she enters or…
Neb. Rev. Stat. § 28-521 Criminal trespass, second degree; penalty.
1.5K chars
(1) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by: (a) Actual communication to the actor; or (b) Posting in a manner pres…
Neb. Rev. Stat. § 28-522 Criminal trespass; affirmative defenses.
0.8K chars
It is an affirmative defense to prosecution under sections 28-520 and 28-521 that: (1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or (2) The premises were at the time open to members of the public and the actor complied with all la…
Neb. Rev. Stat. § 28-523 Littering of public and private property; penalty.
1.4K chars
(1) Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless: (a) Such property is an area designated by law for the disposal of such material and such person is autho…
Neb. Rev. Stat. § 28-524 Graffiti; penalty.
2.0K chars
(1) Any person who knowingly and intentionally applies graffiti of any type on any building, public or private, or any other tangible property owned by any person, firm, or corporation or any public entity or instrumentality, without the express permission of the owner or operato…
Neb. Rev. Stat. § 28-525 Organized retail crime; terms, defined.
1.3K chars
For purposes of sections 28-525 to 28-527: (1) Aggregated retail market value means the total combined value of all retail merchandise involved in a transaction, series of transactions, occurrence, series of occurrences, or course of conduct which constitutes a violation of secti…
Neb. Rev. Stat. § 28-526 Organized retail crime; acts prohibited.
1.2K chars
A person commits the offense of organized retail crime when that person, acting alone or in association with another person, does any of the following: (1) Knowingly commits an organized retail crime; (2) Organizes, supervises, finances, or otherwise manages or assists another pe…
Neb. Rev. Stat. § 28-527 Organized retail crime; penalty.
1.4K chars
(1) A violation of section 28-526 shall be a: (a) Class IIA felony when the aggregated retail market value of the retail merchandise involved is five thousand dollars or more; (b) Class IV felony when the aggregated retail market value of the retail merchandise involved is one th…