(1) Any person who uses an explosive material or destructive device to commit any felony which may be prosecuted in this state or who possesses an explosive during the commission of any felony which may be prosecuted in this state commits the offense of using explosives to commit a felony.

Attorney's Note

Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class II felonybetween 1 and 50 years
Class IIA felonyup to 20 years
For details, see Neb. Rev. Stat. § 28-105
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Terms Used In Nebraska Statutes 28-1222

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

(2) Using explosives to commit a felony is a Class IIA felony.

(3) In the case of a second or subsequent conviction under this section, using explosives to commit a felony is a Class II felony.