Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-803 Pandering; evidence.
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(1) Any person referred to in section 28-802 shall be a competent witness in any prosecution thereunder to testify to any and all matters, including conversation with the accused, or by the accused with third persons, in his presence, notwithstanding having married the accused ei…
Neb. Rev. Stat. § 28-804 Keeping a place of prostitution; penalty.
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(1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who knowingly grants or permits the use of such place for the purpose of prostitution commits the offense of keeping a place of prostitutio…
Neb. Rev. Stat. § 28-804.01 Prostitution cases; incriminating testimony; how treated.
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In all cases arising under sections 28-801 to 28-804, no person shall be excused from testifying against another person by reason of such testimony tending to incriminate the person testifying, but the testimony so given, unless voluntary, shall in no case be used against the per…
Neb. Rev. Stat. § 28-805 Debauching a minor; penalty.
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(1) Any person not a minor commits the offense of debauching a minor if he or she shall debauch or deprave the morals of any boy or girl under the age of seventeen years by: (a) Lewdly inducing such boy or girl carnally to know any other person; or (b) Soliciting any such boy or …
Neb. Rev. Stat. § 28-806 Public indecency; penalty.
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(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public: (a) An act of sexual penetr…
Neb. Rev. Stat. § 28-807 Terms, defined.
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As used in sections 28-807 to 28-829, unless the context otherwise requires: (1) Adult shall mean any married person or any unmarried person of the age of eighteen years or older; (2) Commercial film and photographic print processor shall mean any person who for compensation deve…
Neb. Rev. Stat. § 28-808 Obscene literature and material; sale to minor, unlawful; penalty.
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(1) It shall be unlawful for a person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly to possess with intent to sell, deliver, distribute, display for sale, or provide to a minor: (a) Any picture, photograph, drawing, sculpture, motion…
Neb. Rev. Stat. § 28-809 Obscene motion picture, show, or presentation; admit minor; unlawful; penalty.
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(1) It shall be unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, pr…
Neb. Rev. Stat. § 28-810 Prosecution; defense.
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It shall be a defense to a prosecution under sections 28-808 and 28-809 that: (1) Such person had reasonable cause to believe that the minor involved was eighteen years of age or more, and that such reasonable cause is based on but not limited to the presentation by the minor exh…
Neb. Rev. Stat. § 28-811 False representation; unlawful employment of minor; exceptions; penalty.
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(1) It shall be unlawful for any minor to falsely represent to any person mentioned in section 28-808 or 28-809, or to his or her agent, that such minor is eighteen years of age or older with the intent to procure any materials set forth in section 28-808 or with the intent to pr…
Repealed. Laws 1988, LB 117, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-813 Obscene literature or material; prepares; distributes; promotes; penalty.
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(1) It shall be unlawful for a person knowingly to (a) print, copy, manufacture, prepare, produce, or reproduce obscene material for the purpose of sale or distribution, (b) publish, circulate, sell, rent, lend, transport in interstate commerce, distribute, or exhibit any obscene…
Transferred to section 28-1803.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-813.02 Commercial film and photographic print processor; immune from liability; when.
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Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, and who participates in an investigation or the making of any report pertaining to any film, photograph, videotape, negative,…
Neb. Rev. Stat. § 28-814 Criminal prosecutions; trial by jury; waiver; instructions to jury; expert witness.
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(1) Criminal prosecutions involving the ultimate issue of obscenity, as distinguished from the issue of probable cause, shall be tried by jury, unless the defendant shall waive a jury trial in writing or by statement in open court entered on the record. (2) The judge shall instru…
Neb. Rev. Stat. § 28-815 Prosecution; defense.
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It shall be a defense to a prosecution under section 28-813 that: (1) Such person's activity consists of teaching in regularly established and recognized educational institutions, galleries or libraries, or the publication or use of standard textbooks, films, tapes or visual aids…
Neb. Rev. Stat. § 28-816 Violations; declaratory judgment.
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Any city, village, or county, through its chief law enforcement officer in which a person, firm or corporation violates or is about to violate sections 28-807 to 28-829 or has in his or its possession with intent to so violate, or is about to acquire possession with intent to so …
Neb. Rev. Stat. § 28-817 Prosecution; temporary restraining order or injunction; when.
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(1) The plaintiff, after the commencement of such action may, if he deems it necessary in order to prevent the continued use of such work, material, conduct or live performance, request a temporary restraining order or injunction against such person, firm or corporation to preven…
Neb. Rev. Stat. § 28-818 Order or judgment of injunction; contents.
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If an order or judgment of injunction be entered, such order or judgment shall contain either a provision directing the person to surrender to the sheriff or police the work, material, conduct or live performance which has been adjudicated to be obscene for seizure and impoundmen…
Neb. Rev. Stat. § 28-819 Action; service of summons; effect.
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Every person who sells, distributes, or acquires possession with intent to sell, exhibit, or distribute any of the work, material, conduct or live performance described in section 28-808, after service upon him of summons in such action, shall be chargeable with knowledge of the …
Neb. Rev. Stat. § 28-820 Declaratory judgment; use of.
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Any person who exhibits, sells or distributes, or is about to exhibit, sell or distribute or has in his or its possession with intent to sell or distribute, or is about to acquire possession with intent to exhibit, sell or distribute, any work, material, conduct or live performan…
Neb. Rev. Stat. § 28-821 Conviction more than twice; continue business dealing in obscene work or conduct; effect.
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Any person who is convicted more than twice under sections 28-807 to 28-829 and continues to use, occupy, establish or conduct a business selling, distributing, disseminating, or exhibiting any obscene work, material, conduct or live performance shall be deemed to be maintaining …
Neb. Rev. Stat. § 28-822 Nuisance; action to abate; punished as for contempt; when.
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Whenever a nuisance exists as provided for in sections 28-807 to 28-829, any city, village, or county, through its chief law enforcement officer, may bring an action in equity to abate such a nuisance and to perpetually enjoin the person maintaining the same from further maintena…
Neb. Rev. Stat. § 28-823 Temporary injunction; where brought; hearing; restraining order; issuance; inventory; rights of owner of property.
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The action provided for in section 28-821 shall be brought in the district court of the county in which the act of nuisance is being conducted. After filing of the petition, application for a temporary injunction may be made to the district court or judge thereof who shall grant …
Neb. Rev. Stat. § 28-824 Trial; precedence; evidence; admissible; existence of nuisance; enjoin defendant.
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The action provided for in sections 28-807 to 28-829 shall be set down for trial and shall have precedence over all other cases except crimes, election contests, or injunctions. In such action evidence of the general reputation of the place or an admission or finding of guilt of …
Neb. Rev. Stat. § 28-825 Nuisance; existence; order of abatement; closing order.
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If the existence of a nuisance is admitted or established in an action as provided for in sections 28-807 to 28-829, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place of all personal property and cont…
Neb. Rev. Stat. § 28-826 Tenant or occupant of building; use to commit violations; conviction; right of possession in owner.
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If a tenant or occupant of a building or tenement under lawful title used such place for the purposes of committing a violation of sections 28-807 to 28-829, and if such tenant or occupant is convicted of such violation, such conviction shall make the lease or other title which h…
Neb. Rev. Stat. § 28-827 Material or work; adjudicated obscene; contraband; proceeds of sale to county; other copies; disposal.
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Material or work introduced in evidence and judicially adjudicated to be obscene is contraband and there are no property rights therein. All monetary consideration received for such work, material, conduct or live performance is recoverable as damages to the county where sold or …
Neb. Rev. Stat. § 28-828 Proceeding, civil or criminal; application to court for copy of material; order; contempt of court, when.
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In any proceeding, civil or criminal under sections 28-807 to 28-829, the party charged with possession of any obscene material shall be required, upon application by petitioner and order of the court, to provide one copy of such material to petitioner to be used in the preparati…
Neb. Rev. Stat. § 28-829 Sections; uniform application; laws and regulations of political subdivisions; void.
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In order to provide for the uniform application of sections 28-807 to 28-829 within this state, it is intended that the sole and only regulation of the commercial distribution of any work, material, conduct or live performance described as obscene shall be under sections 28-807 t…
Neb. Rev. Stat. § 28-830 Human trafficking; forced labor or services; terms, defined.
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For purposes of sections 28-830 and 28-831, the following definitions apply: (1) Actor means a person who solicits, procures, or supervises the services or labor of another person; (2) Commercial sexual activity means any sex act on account of which anything of value is given, pr…
Neb. Rev. Stat. § 28-831 Human trafficking; labor trafficking or sex trafficking; labor trafficking of a minor or sex trafficking of a minor; prohibited acts; penalties.
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(1) Any person who engages in labor trafficking of a minor or sex trafficking of a minor is guilty of a Class IB felony. (2) Any person who engages in labor trafficking or sex trafficking is guilty of a Class II felony. (3) Any person, other than a trafficking victim, who knowing…
Repealed. Laws 2013, LB 1, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-833 Enticement by electronic communication device; penalty.
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(1) A person commits the offense of enticement by electronic communication device if he or she is nineteen years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under sixteen years of age or a peace officer who is beli…
Neb. Rev. Stat. § 28-901 Obstructing government operations; penalty.
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(1) A person commits the offense of obstructing government operations if he intentionally obstructs, impairs, or perverts the administration of law or other governmental functions by force, violence, physical interference or obstacle, breach of official duty, or any other unlawfu…
Neb. Rev. Stat. § 28-902 Physical injury related to criminal offense; report by health care provider; sexual assault; duties of health care provider; law enforcement agency; duties; violation; penalty.
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(1) Except as provided in subsection (2) of this section, every health care provider shall immediately report to law enforcement every case in which the health care provider is consulted for medical care for physical injury which appears to have been received in connection with, …
Neb. Rev. Stat. § 28-903 Refusing to aid a peace officer; penalty.
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(1) A person commits the offense of refusing to aid a peace officer if, upon request by a person known to him to be a peace officer, he unreasonably refuses or fails to aid such peace officer in: (a) Apprehending any person charged with or convicted of any offense against any of …
Neb. Rev. Stat. § 28-904 Resisting arrest; penalty; affirmative defense.
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(1) A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another, he or she: (a) Uses or threatens to use physica…
Neb. Rev. Stat. § 28-905 Operating a motor vehicle or a vessel to avoid arrest; penalty; revocation or impoundment of operator's license.
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(1) Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest or citation commits the offense of operation of a motor vehicle to avoid arrest. (2)(a) Except as otherwise provided in subsection (3) of this section, any person who violates subse…
Neb. Rev. Stat. § 28-906 Obstructing a peace officer; penalty.
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(1) A person commits the offense of obstructing a peace officer, when, by using or threatening to use violence, force, physical interference, or obstacle, he or she intentionally obstructs, impairs, or hinders (a) the enforcement of the penal law or the preservation of the peace …
Neb. Rev. Stat. § 28-907 False reporting; penalty.
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(1) A person commits the offense of false reporting if he or she: (a) Furnishes material information he or she knows to be false to any peace officer or other official with the intent to instigate an investigation of an alleged criminal matter or to impede the investigation of an…
Neb. Rev. Stat. § 28-907.01 Swatting; prohibited; penalties.
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(1) A person commits the offense of swatting if such person: (a) Knowingly makes, causes to be made, or directs a false or misleading report of criminal activity or a need for emergency medical services or assistance from firefighters; (b) Such report is made to a law enforcement…
Neb. Rev. Stat. § 28-908 Interfering with a fireman on official duty; penalty; fireman, defined.
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(1) A person commits the offense of interfering with a fireman if at any time and place where any fireman is discharging or attempting to discharge any official duties, he willfully: (a) Resists or interferes with the lawful efforts of any fireman in the discharge or attempt to d…
Neb. Rev. Stat. § 28-909 Falsifying records of a public utility; penalty.
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(1) Any person who shall knowingly falsify or direct or authorize the falsifying of any record of a public utility operating in the State of Nebraska in any manner affecting directly or indirectly the value of its investment or the rate of return or earnings or expenditures of su…
Neb. Rev. Stat. § 28-910 Filing false reports with regulatory bodies; penalty.
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(1) Any firm or corporation operating a public utility in this state which shall file with any regulatory body, whether state or municipal, under any statute, order, resolution, or ordinance lawfully passed, any report or reports containing false statements, knowing the same to b…
Neb. Rev. Stat. § 28-911 Abuse of public records; penalty; public record, defined.
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(1) A person commits abuse of public records, if: (a) He knowingly makes a false entry in or falsely alters any public record; or (b) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record…
Neb. Rev. Stat. § 28-912 Escape; official detention, defined; knowingly permitting an escape; penalty; defense to prosecution.
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(1) A person commits escape if he or she unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period. Official detention means arrest, detention in or transportat…
Neb. Rev. Stat. § 28-912.01 Juvenile; escapes; prohibited acts; penalty.
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Any person who entices or attempts to entice a juvenile away from a facility or program when the juvenile has been legally placed with or committed to the Office of Juvenile Services or who knowingly harbors, transports, conceals, or aids in harboring, transporting, or concealing…
Neb. Rev. Stat. § 28-913 Implements for escape; other contraband; penalty.
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(1) A person commits an offense if he unlawfully introduces within a detention facility, or unlawfully provides an inmate with, any weapon, tool, or other thing which may be useful for escape. An inmate commits an offense if he unlawfully procures, makes, or otherwise provides hi…
Neb. Rev. Stat. § 28-914 Loitering about a penal institution; penalty.
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(1) Any person who loiters about a penal institution in this state and engages in an unauthorized conversation with or passes any unauthorized message or messages to any inmate of such institution, or fails or refuses to leave the immediate vicinity of a penal institution when or…