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Search the Nebraska Statutes
Nebraska Statutes > Chapter 28 - Crimes And Punishments
Nebraska Statutes
> Chapter 28 - Crimes And Punishments
Current as of: 2010
Check for updates
§ 28-101
Code, how cited
§ 28-102
Purposes; principles of construction
§ 28-103
Restrictions on applicability
§ 28-104
Offense; crime; synonymous
§ 28-105
Felonies; classification of penalties; sentences; where served; eligibility for probation
§ 28-105.01
Death penalty imposition; restriction on person under eighteen years; restriction on person with mental retardation; sentencing procedure
§ 28-106
Misdemeanors; classification of penalties; sentences; where served
§ 28-107
Felony or misdemeanor, defined outside of code; how treated
§ 28-108
Subsequent enactment of criminal laws
§ 28-109
Terms, defined
§ 28-110
Statement of rights
§ 28-111
Enhanced penalty; enumerated offenses
§ 28-112
Allegations set forth in indictment or information; burden of proof
§ 28-113
Civil action authorized; statute of limitations; proof required
§ 28-114
Nebraska Commission on Law Enforcement and Criminal Justice; duties
§ 28-115
Criminal offense against a pregnant woman; enhanced penalty
§ 28-201
Criminal attempt; conduct; penalties
§ 28-202
Conspiracy, defined; penalty
§ 28-203
Conspiracy; renunciation of criminal intent
§ 28-204
Accessory to felony, defined; penalties
§ 28-205
Aiding consummation of felony; penalty
§ 28-206
Prosecuting for aiding and abetting
§ 28-301
Compounding a felony, defined; penalty
§ 28-302
Homicide; terms, defined
§ 28-303
Murder in the first degree; penalty
§ 28-304
Murder in the second degree; penalty
§ 28-305
Manslaughter; penalty
§ 28-306
Motor vehicle homicide; penalty
§ 28-307
Assisting suicide, defined; penalty
§ 28-308
Assault in the first degree; penalty
§ 28-309
Assault in the second degree; penalty
§ 28-310
Assault in the third degree; penalty
§ 28-310.01
Strangulation; penalty; affirmative defense
§ 28-311
Criminal child enticement; attempt; penalties
§ 28-311.01
Terroristic threats; penalty
§ 28-311.02
Stalking and harassment; legislative intent; terms, defined
§ 28-311.03
Stalking
§ 28-311.04
Stalking; violations; penalties
§ 28-311.05
Stalking; not applicable to certain conduct
§ 28-311.06
Hazing, defined; penalty
§ 28-311.07
Hazing; consent not a defense
§ 28-311.08
Unlawful intrusion; penalty
§ 28-311.09
Harassment protection order; procedure; costs; enforcement
§ 28-311.10
Foreign harassment protection order; enforcement
§ 28-312
Terms, defined
§ 28-313
Kidnapping; penalties
§ 28-314
False imprisonment in the first degree; penalty
§ 28-315
False imprisonment in the second degree; penalty
§ 28-316
Violation of custody; penalty
§ 28-317
Sexual assault; legislative intent
§ 28-318
Terms, defined
§ 28-319
Sexual assault; first degree; penalty
§ 28-319.01
Sexual assault of a child; first degree; penalty
§ 28-320
Sexual assault; second or third degree; penalty
§ 28-320.01
Sexual assault of a child; second or third degree; penalties
§ 28-320.02
Sexual assault; use of electronic communication device; prohibited acts; penalties
§ 28-322
Sexual abuse of an inmate or parolee; terms, defined
§ 28-322.01
Sexual abuse of an inmate or parolee
§ 28-322.02
Sexual abuse of an inmate or parolee in the first degree; penalty
§ 28-322.03
Sexual abuse of an inmate or parolee in the second degree; penalty
§ 28-322.04
Sexual abuse of a protected individual; penalties
§ 28-322.05
Unlawful use of the Internet by a prohibited sex offender; penalties
§ 28-323
Domestic assault; penalties
§ 28-324
Robbery; penalty
§ 28-325
Abortion; declaration of purpose
§ 28-326
Terms, defined
§ 28-327
Abortion; voluntary and informed consent required; exception
§ 28-327.01
Department of Health and Human Services; printed materials; duties; availability; Internet web site information
§ 28-327.02
Abortion; emergency situation; physician; duties
§ 28-327.03
Civil liability; limitation
§ 28-327.04
Civil cause of action; authorized; evidence of professional negligence; attorney's fee
§ 28-327.05
Civil action; anonymity of woman; procedures
§ 28-327.06
Waiver of evaluations and notices; void and unenforceable
§ 28-327.07
Damages
§ 28-327.08
Action for civil remedies
§ 28-327.09
Minor; burden of proof
§ 28-327.10
Time requirement
§ 28-327.11
Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies
§ 28-327.12
Statute of limitations; tolled; section, how construed; violations; how treated
§ 28-328
Partial-birth abortion; prohibition; violation; penalties
§ 28-329
Abortion; when not to be performed
§ 28-330
Abortion procedure; protection of viable, unborn child
§ 28-331
Care and treatment of child aborted
§ 28-332
Violation; penalty
§ 28-335
Abortion by other than licensed physician; penalty
§ 28-336
Abortion by other than accepted medical procedures; penalty
§ 28-337
Hospital, clinic, institution; not required to admit patient for abortion
§ 28-338
No person required to perform an abortion; no liability for refusal
§ 28-339
Discrimination against person refusing to participate in an abortion; violation; penalty
§ 28-340
Discrimination against person refusing to participate in an abortion; damages
§ 28-341
Discrimination against person refusing to participate in an abortion; injunctive relief
§ 28-342
Aborted child; sell, transfer, distribute, give away; violation; penalty
§ 28-343
Department of Health and Human Services; abortion reporting form; items included; confidential
§ 28-344
Reporting form; violation; penalty
§ 28-345
Department of Health and Human Services; permanent file; rules and regulations
§ 28-346
Aborted infant; experimentation; prohibited; exception; penalty
§ 28-348
Act, how cited
§ 28-349
Legislative intent
§ 28-350
Definitions, where found
§ 28-351
Abuse, defined
§ 28-352
Adult protective services, defined
§ 28-353
Caregiver, defined
§ 28-354
Cruel punishment, defined
§ 28-355
Denial of essential services, defined
§ 28-356
Department, defined
§ 28-357
Essential services, defined
§ 28-358
Exploitation, defined
§ 28-359
Law enforcement agency, defined
§ 28-360
Least restrictive alternative, defined
§ 28-361
Living independently, defined
§ 28-362
Permit, defined
§ 28-363
Physical injury, defined
§ 28-364
Proper supervision, defined
§ 28-365
Registry, defined
§ 28-366
Self-care, defined
§ 28-367
Sexual abuse, defined
§ 28-368
Substantial functional impairment, defined
§ 28-369
Substantial mental impairment, defined
§ 28-370
Unreasonable confinement, defined
§ 28-371
Vulnerable adult, defined
§ 28-372
Report of abuse; required; contents; notification; toll-free number established
§ 28-373
Report of abuse; law enforcement agency; duties
§ 28-374
Alleged abuse; department; duties
§ 28-375
Immunity from liability; when
§ 28-376
Adult Protective Services Central Registry; established; access; name-change order; treatment
§ 28-377
Records relating to abuse; access
§ 28-378
Records relating to abuse; release of information; when
§ 28-379
Report of abuse; summary by department; when provided
§ 28-380
Amendment or expungement of records; inaccurate or inconsistent with act; procedure
§ 28-381
Amendment or expungement of records; good cause; notice
§ 28-382
Law concerning confidentiality; applicability
§ 28-383
Treatment by spiritual means alone; not considered abuse
§ 28-384
Failure to make report; penalty
§ 28-385
Release of confidential information; penalty
§ 28-386
Knowing and intentional abuse of a vulnerable adult; penalty
§ 28-387
Short-term protective services; temporary placement; authorized; when; procedure
§ 28-388
Act, how cited
§ 28-389
Terms, defined
§ 28-390
Applicability of sections
§ 28-391
Murder of an unborn child in the first degree; penalty
§ 28-392
Murder of an unborn child in the second degree; penalty
§ 28-393
Manslaughter of an unborn child; penalty
§ 28-394
Motor vehicle homicide of an unborn child; penalty
§ 28-395
Act, how cited
§ 28-396
Unborn child, defined
§ 28-397
Assault of an unborn child in the first degree; penalty
§ 28-398
Assault of an unborn child in the second degree; penalty
§ 28-399
Assault of an unborn child in the third degree; penalty
§ 28-3,100
Applicability of act
§ 28-3,101
Prosecution of separate acts
§ 28-3,102
Act, how cited
§ 28-3,103
Terms, defined
§ 28-3,104
Legislative findings
§ 28-3,105
Determination of probable postfertilization age of unborn child; physician; duties
§ 28-3,106
Abortion; performance; restrictions
§ 28-3,107
Report to Department of Health and Human Services; contents; department; issue public report; failure to file report; late fee; prohibited acts; penalty
§ 28-3,108
Prohibited abortion; penalty
§ 28-3,109
Action for damages; action for injunctive relief; attorney's fees
§ 28-3,110
Anonymity; court orders authorized
§ 28-3,111
Severability
§ 28-401
Terms, defined
§ 28-401.01
Act, how cited
§ 28-401.02
Act; how construed
§ 28-403
Administering secret medicine; penalty
§ 28-404
Controlled substances; declaration
§ 28-405
Controlled substances; schedules; enumerated
§ 28-406
Registration; fees
§ 28-407
Registration required; exceptions
§ 28-408
Registration to manufacture or distribute controlled substances; factors considered
§ 28-409
Registrant; disciplinary action; grounds; procedure
§ 28-410
Records of registrants; inventory; violation; penalty; storage
§ 28-411
Controlled substances; records; by whom kept; contents
§ 28-412
Narcotic drugs; administration to narcotic-dependent person; violation; penalty
§ 28-413
Distribution to another registrant; order forms
§ 28-414
Controlled substance; prescription; transfer; destruction; requirements
§ 28-415
Narcotic drugs; label; requirements
§ 28-416
Prohibited acts; violations; penalties
§ 28-417
Unlawful acts; violations; penalty
§ 28-418
Intentional violations; penalty
§ 28-419
Inhaling or drinking certain intoxicating substances; unlawful
§ 28-420
Selling or offering for sale certain compounds; use; knowledge of seller; unlawful
§ 28-421
Act, exceptions
§ 28-422
Selling or offering for sale certain compounds; register; maintain for one year
§ 28-423
Inducing or enticing; violation
§ 28-424
Violations; penalty
§ 28-425
Embalming fluids; use of arsenic or strychnine prohibited; label required; violation; penalty
§ 28-427
Additional penalties
§ 28-428
Controlled premises, defined; inspection; procedure
§ 28-429
Division of Drug Control; established; personnel; powers and duties; Nebraska State Patrol Drug Control and Education Cash Fund; created; use; investment; report; contents
§ 28-430
Department; enforce act; powers
§ 28-431
Seized without warrant; subject to forfeitures; disposition; manner; when; accepted as evidence; court costs and expenses
§ 28-432
Complaint, pleading, or proceeding; burden of proof
§ 28-433
Appeal; procedure
§ 28-434
Education and research
§ 28-435
Licensee; reporting and investigation duties
§ 28-435.01
Health care facility; peer review organization or professional association; report required; contents; confidentiality; immunity; failure to report; civil penalty; disposition
§ 28-435.02
Insurer; duty to report violations
§ 28-435.03
Clerk of county or district court; report convictions and judgments; Attorney General or city or county prosecutor; provide information
§ 28-437
Uniformity of interpretation
§ 28-439
Drug paraphernalia, defined; enumerated
§ 28-440
Drug paraphernalia; determination; factors considered
§ 28-441
Drug paraphernalia; use or possession; unlawful; penalty
§ 28-442
Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty
§ 28-443
Delivery of drug paraphernalia to a minor; penalty
§ 28-444
Advertisement of drug paraphernalia; unlawful; penalty
§ 28-445
Imitation controlled substance; prohibited acts; determination; penalties; seizure
§ 28-449
Crystalline iodine; sale; requirements
§ 28-450
Ephedrine, pseudoephedrine, or phenylpropanolamine; immediate precursor; prohibited acts; violation; penalty
§ 28-451
Anhydrous ammonia; possession; penalty
§ 28-452
Ephedrine, pseudoephedrine, or phenylpropanolamine; possession; penalty
§ 28-453
Methamphetamine; retailer education program
§ 28-455
Methamphetamine Awareness and Education Fund; created; use; investment
§ 28-456
Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement
§ 28-456.01
Pseudoephedrine or phenylpropanolamine; limitation on acquisition; violation; penalty
§ 28-457
Methamphetamine; prohibited acts; violation; penalties
§ 28-501
Building, defined
§ 28-502
Arson, first degree; penalty
§ 28-503
Arson, second degree; penalty
§ 28-504
Arson, third degree; penalty
§ 28-505
Burning to defraud insurer; penalty
§ 28-506
Lawful burning of property; training and safety promotion purposes; permit
§ 28-507
Burglary; penalty
§ 28-508
Possession of burglar's tools; penalty
§ 28-509
Terms, defined
§ 28-510
Consolidation of theft offenses
§ 28-511
Theft by unlawful taking or disposition
§ 28-511.01
Theft by shoplifting; penalty; photographic evidence
§ 28-511.02
Theft of rented or leased motor vehicle; where tried
§ 28-511.03
Possession of security device countermeasure; penalty
§ 28-512
Theft by deception
§ 28-513
Theft by extortion
§ 28-514
Theft of property lost, mislaid, or delivered by mistake; penalty
§ 28-515
Theft of services
§ 28-515.01
Theft of telecommunications service; penalty
§ 28-515.02
Electric current, gas, and water; avoiding meter measurement; reconnection; penalty
§ 28-516
Unauthorized use of a propelled vehicle; affirmative defense; penalties
§ 28-517
Theft by receiving stolen property
§ 28-518
Grading of theft offenses; aggregation allowed; when
§ 28-519
Criminal mischief; penalty
§ 28-520
Criminal trespass, first degree; penalty
§ 28-521
Criminal trespass, second degree; penalty
§ 28-522
Criminal trespass; affirmative defenses
§ 28-523
Littering of public and private property; penalty
§ 28-524
Graffiti; penalty
§ 28-601
Terms, defined
§ 28-602
Forgery, first degree; penalty
§ 28-603
Forgery, second degree; penalty; aggregation allowed; when
§ 28-604
Criminal possession of a forged instrument; penalty; aggregation allowed; when
§ 28-605
Criminal possession of forgery devices; penalty
§ 28-606
Criminal simulation; penalty
§ 28-607
Making, using, or uttering slugs; terms, defined; penalty
§ 28-609
Impersonating a public servant; penalty
§ 28-610
Impersonating a peace officer; penalty
§ 28-611
Issuing or passing a bad check or similar order; penalty; collection procedures
§ 28-611.01
Issuing a no-account check; penalty; aggregation allowed; when
§ 28-612
False statement or book entry; destruction or secretion of records; penalty
§ 28-613
Commercial bribery and breach of duty to act disinterestedly; penalty
§ 28-614
Tampering with publicly exhibited contest; penalty; contest, participant, official, defined
§ 28-615
Identification number, obscure, and article, defined
§ 28-616
Altering identification number; penalty
§ 28-617
Receiving an altered article; penalty
§ 28-618
Financial transactions; terms, defined
§ 28-619
Issuing a false financial statement for purposes of obtaining a financial transaction device; penalties
§ 28-620
Unauthorized use of a financial transaction device; penalties; prosecution of offense
§ 28-621
Criminal possession of a financial transaction device; penalties
§ 28-622
Unlawful circulation of a financial transaction device in the first degree; penalty
§ 28-623
Unlawful circulation of a financial transaction device in the second degree; penalty
§ 28-624
Criminal possession of a blank financial transaction device; penalties
§ 28-625
Criminal sale of a blank financial transaction device; penalties; blank financial transaction device, defined
§ 28-626
Criminal possession of a forgery device; penalty
§ 28-627
Unlawful manufacture of a financial transaction device; penalty
§ 28-628
Laundering of sales forms; penalty
§ 28-629
Unlawful acquisition of sales form processing services; penalty
§ 28-630
Unlawful factoring of a financial transaction device; penalty
§ 28-631
Fraudulent insurance act; penalties
§ 28-632
Payment cards; terms, defined
§ 28-633
Payment cards; prohibited acts; violation; penalty
§ 28-634
Payment cards; prohibited use of scanning device or reencoder; violation; penalty
§ 28-635
Motor vehicle; inflatable restraint system; prohibited acts; penalty
§ 28-636
Criminal impersonation; identity theft; identity fraud; terms, defined
§ 28-637
Criminal impersonation; identity theft; identity fraud; venue; victim; contact local law enforcement agency
§ 28-638
Criminal impersonation; penalty; restitution
§ 28-639
Identity theft; penalty; restitution
§ 28-640
Identity fraud; penalty; restitution
§ 28-701
Bigamy; penalty; exception
§ 28-702
Incestuous marriages; declared void
§ 28-703
Incest; penalty
§ 28-705
Abandonment of spouse, child, or dependent stepchild; prohibited acts; penalty
§ 28-706
Criminal nonsupport; penalty; exceptions
§ 28-707
Child abuse; privileges not available; penalties
§ 28-709
Contributing to the delinquency of a child; penalty; definitions
§ 28-710
Act, how cited; terms, defined
§ 28-711
Child subjected to abuse or neglect; report; contents; toll-free number
§ 28-713
Reports of child abuse or neglect; law enforcement agency; department; duties
§ 28-713.01
Cases of child abuse or neglect; completion of investigation; notice; when
§ 28-714
Privileged communications; not grounds for excluding evidence
§ 28-715
Tracking system; department; duties; use authorized
§ 28-716
Person participating in an investigation or making report; immune from liability; civil or criminal
§ 28-717
Violation; penalty
§ 28-718
Child protection cases; central register; name-change order; treatment
§ 28-719
Child abuse and neglect records; access; when
§ 28-720
Cases; central register; classification
§ 28-720.01
Unfounded reports; how treated
§ 28-721
Central register; record; amend, expunge, or remove
§ 28-722
Central register; subject of report; access to information
§ 28-723
Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal
§ 28-724
Record; amendment, expunction, or removal; notice
§ 28-725
Information, report; confidential; violation; penalty
§ 28-726
Information; access
§ 28-727
Report; person making; receive summary of findings and actions; when
§ 28-728
Legislative findings and intent; child abuse and neglect investigation team; child advocacy center; child abuse and neglect treatment team; powers and duties
§ 28-729
Teams; members; training; county attorney; duties; meetings; annual report
§ 28-730
Records and information; access; disclosure; limitation; review of cases; immunity; violation; penalty
§ 28-731
Teams; exempt from Open Meetings Act
§ 28-732
Failure to establish teams; requirements
§ 28-733
Sections; when operative
§ 28-801
Prostitution; penalty
§ 28-801.01
Solicitation of prostitution; penalty
§ 28-802
Pandering; penalty
§ 28-803
Pandering; evidence
§ 28-804
Keeping a place of prostitution; penalty
§ 28-804.01
Prostitution cases; incriminating testimony; how treated
§ 28-805
Debauching a minor; penalty
§ 28-806
Public indecency; penalty
§ 28-807
Terms, defined
§ 28-808
Obscene literature and material; sale to minor, unlawful; penalty
§ 28-809
Obscene motion picture, show, or presentation; admit minor; unlawful; penalty
§ 28-810
Prosecution; defense
§ 28-811
False representation; unlawful employment of minor; exceptions; penalty
§ 28-813
Obscene literature or material; prepares; distributes; promotes; penalty
§ 28-813.01
Sexually explicit conduct; visual depiction; unlawful; penalty; affirmative defense
§ 28-813.02
Commercial film and photographic print processor; immune from liability; when
§ 28-814
Criminal prosecutions; trial by jury; waiver; instructions to jury; expert witness
§ 28-815
Prosecution; defense
§ 28-816
Violations; declaratory judgment
§ 28-817
Prosecution; temporary restraining order or injunction; when
§ 28-818
Order or judgment of injunction; contents
§ 28-819
Action; service of summons; effect
§ 28-820
Declaratory judgment; use of
§ 28-821
Conviction more than twice; continue business dealing in obscene work or conduct; effect
§ 28-822
Nuisance; action to abate; punished as for contempt; when
§ 28-823
Temporary injunction; where brought; hearing; restraining order; issuance; inventory; rights of owner of property
§ 28-824
Trial; precedence; evidence; admissible; existence of nuisance; enjoin defendant
§ 28-825
Nuisance; existence; order of abatement; closing order
§ 28-826
Tenant or occupant of building; use to commit violations; conviction; right of possession in owner
§ 28-827
Material or work; adjudicated obscene; contraband; proceeds of sale to county; other copies; disposal
§ 28-828
Proceeding, civil or criminal; application to court for copy of material; order; contempt of court, when
§ 28-829
Sections; uniform application; laws and regulations of political subdivisions; void
§ 28-830
Human trafficking; forced labor or services; terms, defined
§ 28-831
Human trafficking; forced labor or services; prohibited acts; penalties
§ 28-832
Human trafficking; Attorney General; Department of Health and Human Services; duties
§ 28-833
Enticement by electronic communication device; penalty
§ 28-901
Obstructing government operations; penalty
§ 28-902
Failure to report injury of violence; physician or surgeon; emergency room or first-aid station attendant; penalty
§ 28-903
Refusing to aid a peace officer; penalty
§ 28-904
Resisting arrest; penalty; affirmative defense
§ 28-905
Operating a motor vehicle or a vessel to avoid arrest; penalty; revocation or impoundment of operator's license
§ 28-906
Obstructing a peace officer; penalty
§ 28-907
False reporting; penalty
§ 28-908
Interfering with a fireman on official duty; penalty; fireman, defined
§ 28-909
Falsifying records of a public utility; penalty
§ 28-910
Filing false reports with regulatory bodies; penalty
§ 28-911
Abuse of public records; penalty; public record, defined
§ 28-912
Escape; official detention, defined; knowingly permitting an escape; penalty; defense to prosecution
§ 28-912.01
Juvenile; escapes; prohibited acts; penalty
§ 28-913
Implements for escape; other contraband; penalty
§ 28-914
Loitering about a penal institution; penalty
§ 28-915
Perjury; subornation of perjury; penalty
§ 28-915.01
False statement under oath or affirmation; penalty; applicability of section
§ 28-916
Terms, defined
§ 28-916.01
Terms, defined
§ 28-917
Bribery; penalty
§ 28-918
Bribery of a witness; penalty; witness receiving bribe; penalty
§ 28-919
Tampering with witness or informant; jury tampering; penalty
§ 28-920
Bribery of a juror; penalty; juror receiving bribe; penalty
§ 28-922
Tampering with physical evidence; penalty; physical evidence, defined
§ 28-923
Simulating legal process; penalty
§ 28-924
Official misconduct; penalty
§ 28-925
Misuse of official information; penalty
§ 28-926
Oppression under color of office; penalty
§ 28-927
Neglecting to serve a warrant; penalty; forfeiture of office
§ 28-928
Mutilating a flag; penalty; flag, defined
§ 28-929
Assault on an officer in the first degree; penalty
§ 28-930
Assault on an officer in the second degree; penalty
§ 28-931
Assault on an officer in the third degree; penalty
§ 28-931.01
Assault on an officer using a motor vehicle; penalty
§ 28-932
Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; assault; penalty; sentence
§ 28-933
Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; offenses against another person; penalty; sentence
§ 28-1004
Terms, defined
§ 28-1005
Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty
§ 28-1005.01
Ownership or possession of animal fighting paraphernalia; penalty
§ 28-1006
Investigation; arrest; seizure of property; reimbursement of expenses
§ 28-1007
Sections, how construed
§ 28-1008
Terms, defined
§ 28-1009
Abandonment; cruel neglect; harassment of a police animal; penalty
§ 28-1009.01
Violence on a service animal; interference with a service animal; penalty
§ 28-1010
Indecency with an animal; penalty
§ 28-1011
Violations; liability for expenses
§ 28-1012
Law enforcement officer; powers; immunity; seizure; court powers
§ 28-1013
Sections; exemptions
§ 28-1014
Local regulation; authorized
§ 28-1015
Ownership by child; applicability of penalties
§ 28-1016
Game and Parks Commission; Game Law; sections, how construed
§ 28-1017
Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty
§ 28-1018
Sale of puppy or kitten; prohibited acts; penalty
§ 28-1019
Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal
§ 28-1020
Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability
§ 28-1101
Terms, defined
§ 28-1102
Promoting gambling, first degree; penalty
§ 28-1103
Promoting gambling, second degree; penalty
§ 28-1104
Promoting gambling, third degree; penalty
§ 28-1105
Possession of gambling records; penalty
§ 28-1105.01
Gambling debt collection; penalty
§ 28-1107
Possession of a gambling device; penalty; exemption
§ 28-1108
Prosecution; affirmative defense
§ 28-1109
Proof of possession of gambling device; prima facie evidence
§ 28-1110
Gambling; prosecution; not in violation of jurisdiction where conducted; no defense
§ 28-1111
Gambling device or record; money used as a bet or stake; forfeited to state
§ 28-1112
Defendant, status as a player; affirmative defense, when
§ 28-1113
Article, how construed
§ 28-1117
Proof of occurrence of sporting event; prima facie evidence
§ 28-1201
Terms, defined
§ 28-1202
Carrying concealed weapon; penalty; affirmative defense
§ 28-1203
Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception
§ 28-1204
Unlawful possession of a handgun; exceptions; penalty
§ 28-1204.01
Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty
§ 28-1204.02
Confiscation of firearm; disposition
§ 28-1204.03
Firearms and violence; legislative findings
§ 28-1204.04
Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain firearms; disposition
§ 28-1205
Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; penalty; separate and distinct offense; proof of possession
§ 28-1206
Possession of a deadly weapon by a prohibited person; penalty
§ 28-1207
Possession of a defaced firearm; penalty
§ 28-1208
Defacing a firearm; penalty
§ 28-1209
Failure to register tranquilizer guns; penalty
§ 28-1210
Failure to notify the sheriff of the sale of tranquilizer guns; penalty; record
§ 28-1211
Firearms; purchase, sell, trade, or convey; conditions
§ 28-1212
Presence of firearm in motor vehicle; prima facie evidence
§ 28-1212.01
Unlawful discharge of firearm; terms, defined
§ 28-1212.02
Unlawful discharge of firearm; penalty
§ 28-1212.03
Stolen firearm; prohibited acts; violation; penalty
§ 28-1212.04
Discharge of firearm in certain cities and counties; prohibited acts; penalty
§ 28-1213
Explosives, destructive devices, other terms; defined
§ 28-1214
Explosives control; applicability of sections
§ 28-1215
Unlawful possession of explosive materials, first degree; exception; penalty
§ 28-1216
Unlawful possession of explosive materials, second degree; penalty
§ 28-1217
Unlawful sale of explosives; penalty
§ 28-1218
Use of explosives without a permit; penalty
§ 28-1219
Obtaining a permit through false representation; penalty
§ 28-1220
Possession of a destructive device; penalty; permit or license for explosive materials; no defense
§ 28-1221
Threatening the use of explosives; placing a false bomb; penalty
§ 28-1222
Using explosives to commit a felony; penalty
§ 28-1223
Using explosives to damage or destroy property; penalty
§ 28-1224
Using explosives to kill or injure any person; penalty
§ 28-1225
Storing explosives in violation of safety regulations; penalty
§ 28-1226
Failure to report theft of explosives; penalty
§ 28-1227
Other violations; penalty
§ 28-1228
Presence of explosive material or destructive device in vehicle; prima facie evidence; exception
§ 28-1229
Explosives control; Nebraska State Patrol; permits; issuance; conditions
§ 28-1230
Explosives control; permit; denial; notice; appeal
§ 28-1231
Explosives control; permit; revocation; grounds
§ 28-1232
Explosive materials; permit; application; form; fees
§ 28-1233
Explosive material; permitholder; records; notice; requirements; penalty
§ 28-1234
Permitholders; inspection of records and permits
§ 28-1235
Transportation of explosive materials; permit required
§ 28-1235.01
Resident; bring explosive material into state; when allowed
§ 28-1236
Nebraska State Patrol; rules and regulations
§ 28-1237
Special law or local ordinance; minimum required standard
§ 28-1238
Violations; seizure and disposition of explosives
§ 28-1239
Explosives control; exceptions to sections; enumerated
§ 28-1239.01
Fireworks display; permit required; fee; sale of display fireworks; regulation
§ 28-1240
Unlawful transportation of anhydrous ammonia; penalty; unlawful use of certain containers; penalty
§ 28-1241
Fireworks; definitions
§ 28-1242
Unlawful throwing of fireworks; penalty
§ 28-1243
Fireworks item deemed unsafe; quarantined; testing; test results; effect
§ 28-1244
Fireworks; unlawful acts
§ 28-1245
Fireworks; when prohibitions not applicable
§ 28-1246
Fireworks; sale; license required; fees
§ 28-1248
Fireworks; importation into state; duties of licensees; retention of packing list for inspection
§ 28-1249
Sale of consumer fireworks; limitations
§ 28-1250
Fireworks; prohibited acts; violations; penalties; license suspension, cancellation, or revocation; appeal
§ 28-1251
Unlawful testing or inspection of fire alarms; penalty; certification of applicants; examination; fee
§ 28-1252
Fireworks; State Fire Marshal; rules and regulations; enforcement of sections
§ 28-1253
Liquefied petroleum gas; prohibited acts; violation; penalty; enforcement
§ 28-1301
Human skeletal remains or burial goods; prohibited acts; penalty
§ 28-1302
Concealing the death of another person; penalty
§ 28-1303
Stagnant water; raising or producing, unlawful; penalty; abatement
§ 28-1304
Putting carcass or filthy substance into well, spring, brook, or stream; penalty
§ 28-1304.01
Dead animals; liquefied remains; prohibited acts; violation; penalty
§ 28-1305
Exposing offensive matter; penalty
§ 28-1306
Unclean stock cars, railroads bringing into state; penalty
§ 28-1307
Diseased meat; sale; penalty
§ 28-1308
Watering stock at private tank; unlawful; penalty; exceptions
§ 28-1309
Refusing to yield a party line; penalty
§ 28-1310
Intimidation by telephone call; penalty; prima facie evidence
§ 28-1311
Interfering with a public service company; penalty
§ 28-1312
Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition
§ 28-1313
Unlawful use of a white cane or guide dog; penalty
§ 28-1314
Failing to observe a blind person; penalty
§ 28-1315
Locks and keys; terms, defined
§ 28-1316
Unlawful use of locks and keys; penalty; exceptions
§ 28-1317
Unlawful picketing; penalty
§ 28-1318
Mass picketing, defined; penalty; display of sign required
§ 28-1319
Interfering with picketing; penalty
§ 28-1320
Intimidating pickets; penalty
§ 28-1320.01
Unlawful picketing of a funeral; legislative findings
§ 28-1320.02
Unlawful picketing of a funeral; terms, defined
§ 28-1320.03
Unlawful picketing of a funeral; penalty
§ 28-1321
Maintaining a nuisance; penalty; abatement or removal
§ 28-1322
Disturbing the peace; penalty
§ 28-1323
Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, or film; unlawful; exemption
§ 28-1324
Sell, distribute, circulate, offer for sale, or possess phonograph record, disc, wire, tape, film, or sounds transferred; unlawful; exception
§ 28-1325
Transfer of sounds; sections; when not applicable
§ 28-1326
Transfer of sounds; violations; penalty
§ 28-1329
Receptacle, other term, defined
§ 28-1330
Nonintoxicating beverages, milk, and milk products; brand or mark on container; filing with Secretary of State; publication; certificate; fee
§ 28-1331
Unauthorized use of receptacle; penalty; separate offense
§ 28-1332
Unauthorized possession of receptacle; penalty
§ 28-1333
Receptacles; unauthorized use or possession; search warrant; prosecution of possessor
§ 28-1334
Sale, construed
§ 28-1335
Discharging any firearm or weapon from any public highway, road, or bridge; penalty; exception
§ 28-1341
Act, how cited
§ 28-1342
Legislative findings and declarations
§ 28-1343
Terms, defined
§ 28-1343.01
Unauthorized computer access; penalty
§ 28-1344
Unlawful acts; depriving or obtaining property or services; penalties
§ 28-1345
Unlawful acts; harming or disrupting operations; penalties
§ 28-1346
Unlawful acts; obtaining confidential public information; penalties
§ 28-1347
Unlawful acts; access without authorization; exceeding authorization; penalties
§ 28-1348
Act, how construed
§ 28-1349
Legislative findings
§ 28-1350
Liquid mercury thermometer; prohibited acts
§ 28-1351
Unlawful membership recruitment into an organization or association; penalty
§ 28-1352
Act, how cited
§ 28-1353
Act; how construed
§ 28-1354
Terms, defined
§ 28-1355
Pattern of racketeering activity or collection of an unlawful debt; prohibited acts
§ 28-1356
Violation; penalty
§ 28-1401
Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat
§ 28-1402
Locksmiths; registration certificates; issued by county clerk
§ 28-1403
Locksmiths; registration certificates; application; contents; fee
§ 28-1404
Locksmiths; registration certificates; term of validity
§ 28-1405
Locksmiths; registration certificates; failure to acquire; penalty
§ 28-1406
Terms, defined
§ 28-1407
Justification; choice of evils
§ 28-1408
Public duty; execution
§ 28-1409
Use of force in self-protection
§ 28-1410
Use of force for protection of other persons
§ 28-1411
Use of force for protection of property
§ 28-1412
Use of force in law enforcement
§ 28-1413
Use of force by person with special responsibility for care, discipline, or safety of others
§ 28-1414
Mistake of law; reckless or negligent use of force
§ 28-1415
Justification in property crimes
§ 28-1416
Justification an affirmative defense; civil remedies unaffected
§ 28-1418
Tobacco; use by minors; penalty
§ 28-1419
Tobacco; sale to minors; penalty
§ 28-1420
Tobacco; license requisite for sale; violation; penalty
§ 28-1421
License for sale of tobacco; where obtained; prohibited sales
§ 28-1422
License for sale of tobacco; application; contents
§ 28-1423
License for sale of tobacco; term; fees; false swearing; penalty
§ 28-1424
License for sale of tobacco; rights of licensee
§ 28-1425
Licensees; sale of tobacco to persons under the age of eighteen years; penalty
§ 28-1426
Licenses for sale of tobacco; fees inure to school fund
§ 28-1427
Minor misrepresenting age to obtain tobacco; penalty
§ 28-1428
Transfer of tobacco license
§ 28-1429
Revocation of tobacco license; reissue
§ 28-1429.01
Vending machines; legislative findings
§ 28-1429.02
Vending machines; restrictions on use; violation; penalty; local ordinances; authorized
§ 28-1437
Legend drugs; unlawful acts; definition; prescription by facsimile or electronic transmission
§ 28-1438
Legend drugs; violations; penalty
§ 28-1438.01
Controlled substance; practitioner; provide information; limit on liability or penalty
§ 28-1439
Controlled substances; chemical analysis; admissible as evidence in preliminary hearing
§ 28-1439.01
Uniform Controlled Substances Act; conviction; uncorroborated testimony; how treated
§ 28-1439.02
Drug forfeitures; county treasurer; duties; County Drug Law Enforcement and Education Fund
§ 28-1439.03
County Drug Law Enforcement and Education Fund Board; membership; terms; powers and duties; rules and regulations
§ 28-1439.04
Terms, defined
§ 28-1439.05
County Drug Law Enforcement and Education Fund Boards; legislative intent
§ 28-1463.01
Act, how cited
§ 28-1463.02
Terms, defined
§ 28-1463.03
Visual depiction of sexually explicit conduct; prohibited acts; affirmative defense
§ 28-1463.04
Violation; penalty
§ 28-1463.05
Visual depiction of sexually explicit acts related to possession; violation; penalty
§ 28-1465
Aircraft; operation while under influence of liquor or drug; prohibited
§ 28-1466
Aircraft; operation while under influence of liquor or drug; violation; penalty
§ 28-1467
Aircraft; operation while under influence of liquor or drug; first offense; penalty
§ 28-1468
Aircraft; operation while under influence of liquor or drug; second offense; penalty
§ 28-1469
Aircraft; operation while under influence of liquor or drug; third or subsequent offense; penalty
§ 28-1470
Aircraft; implied consent of operator to submit to chemical test
§ 28-1471
Aircraft; operation while under influence of liquor or drug; chemical test; law enforcement officer; powers
§ 28-1472
Aircraft; operation while under influence of liquor or drug; breath test; refusal; penalty
§ 28-1473
Aircraft; operation while under influence of liquor or drug; chemical test; refusal; penalty
§ 28-1474
Aircraft; operation while under influence of liquor or drug; breath or chemical test; refusal; advised of consequences
§ 28-1475
Revisor of Statutes; crimes categorized; duties
§ 28-1475.01
State or local law enforcement agency; authorized to receive forfeited property
§ 28-1476
Advertisement; untrue, deceptive, or misleading; unlawful
§ 28-1477
Deceptive or misleading advertising; unlawful acts; enumerated
§ 28-1478
Deceptive or misleading advertising; violation; penalty
§ 28-1479
Cans with disposable tabs; sale prohibited; violation; penalty
§ 28-1480
Terms, defined
§ 28-1481
Acts prohibited
§ 28-1482
Violation; penalty
§ 28-1483
Donated food; resale prohibited; violation; penalty
________________________________________________________________________
Questions & Answers: Criminal Law
I'm from California & got speeding ticket in Clark County, NV with the wrong color about my car. Do you think i should go to court to trial or just pay the bail? Pls. advise....
Gaylord hill, To your question, yes how ever much jail time he had in, that gets credited to his sentencing to prison. But if his points are high, (points system is all the times h...
My son took a plea for cardnal knowledge of a juvanile, non aggregated, with a 3yr cap. Accuser was 14. Is there residential restrictions? He was living with me (parents) but we...
If someone is arrested for aggravated assault and the judge modifies the bond to let the person leave the state is the person who put up the bond for that person still responsible ...
I was living in Racine,WI, at a hotel with my ex fiance. My ex had been abusive towards me and in June 2012 he was abusive, left with my car and relapsed on crack, and I packed to ...
Is there a sentence in AZ equivalent to "life WITHOUT parole?" Juan Martinez seems to think not - that any life sentence can be later parole eligible....
U.S. Code Provisions: Criminal Law
U.S. Code > Title 18 - Crimes And Criminal Procedure
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The Dickerson & Smith Law Group
Virgina Beach, VA Full service law firm
115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
The Dickerson & Smith Law Group
115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
David M. McCormick
Newport News Family Law and Bankruptcy Attorney
One Oyster Point 827 Diligence Drive, Suite 200
Newport News, Virginia 23606
Practice Areas: Family Law, Divorce
www.dmmlegal.com/
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