Nebraska Statutes 28-201. Criminal attempt; conduct; penalties
(1) A person shall be guilty of an attempt to commit a crime if he or she:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class II felony | between 1 and 50 years | |
| Class IIA felony | up to 20 years | |
| Class IIIA felony | up to 3 years | up to $10,000 |
| Class IV felony | up to 2 years | up to $10,000 |
| Class I misdemeanor | up to 1 year | up to $1,000 |
| Class II misdemeanor | up to 6 months | up to $1,000 |
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 28-201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(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 circumstances as he or she believes them to be, constitutes a substantial step in a course of conduct intended to culminate in his or her commission of the crime.
(2) When causing a particular result is an element of the crime, a person shall be guilty of an attempt to commit the crime if, acting with the state of mind required to establish liability with respect to the attendant circumstances specified in the definition of the crime, he or she intentionally engages in conduct which is a substantial step in a course of conduct intended or known to cause such a result.
(3) Conduct shall not be considered a substantial step under this section unless it is strongly corroborative of the defendant‘s criminal intent.
(4) Criminal attempt is:
(a) A Class II felony when the crime attempted is a Class I, IA, IB, IC, or ID felony;
(b) A Class IIA felony when the crime attempted is a Class II felony;
(c) A Class IIIA felony when the crime attempted is a Class IIA felony;
(d) A Class IV felony when the crime attempted is a Class III or IIIA felony;
(e) A Class I misdemeanor when the crime attempted is a Class IV felony;
(f) A Class II misdemeanor when the crime attempted is a Class I misdemeanor; and
(g) A Class III misdemeanor when the crime attempted is a Class II misdemeanor.
Source
- Laws 1977, LB 38, § 10;
- Laws 1997, LB 364, § 2;
- Laws 1998, LB 1266, § 3;
- Laws 2010, LB712, § 7;
- Laws 2010, LB771, § 2;
- Laws 2012, LB799, § 1;
- Laws 2015, LB268, § 7;
- Laws 2015, LB605, § 8;
- Referendum 2016, No. 426.
- Note: The changes made to section 28-201 by Laws 2015, LB 268, section 7, have been omitted because of the vote on the referendum at the November 2016 general election.