Nebraska Statutes 53-180.05. Prohibited acts relating to minors and incompetents; violations; penalties; possible alcohol overdose; actions authorized; false identification; penalty; law enforcement agency; duties
(1) Except as provided in subsection (2) of this section, any person who violates section 53-180 shall be guilty of a Class I misdemeanor.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class IIIA felony | up to 3 years | up to $10,000 |
| Class I misdemeanor | up to 1 year | up to $1,000 |
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 53-180.05
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Alcohol: means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. See Nebraska Statutes 53-103.01
- Alcoholic liquor: includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. See Nebraska Statutes 53-103.02
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means any person, male or female, under twenty-one years of age, regardless of marital status. See Nebraska Statutes 53-103.23
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Peace officer shall: include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: means any natural person, trustee, corporation, partnership, or limited liability company. See Nebraska Statutes 53-103.28
- 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
- Sale: means any transfer, exchange, or barter in any manner or by any means for a consideration and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee. See Nebraska Statutes 53-103.33
- 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) Any person who knowingly and intentionally violates section 53-180 shall be guilty of a Class IIIA felony and serve a mandatory minimum of at least thirty days’ imprisonment as part of any sentence he or she receives if serious bodily injury or death to any person resulted and was proximately caused by a minor‘s (a) consumption of the alcoholic liquor provided or (b) impaired condition which, in whole or in part, can be attributed to the alcoholic liquor provided.
(3) Any person who violates any of the provisions of section 53-180.01 or 53-180.03 shall be guilty of a Class III misdemeanor.
(4)(a) Except as otherwise provided in subdivisions (b), (c), and (d) of this subsection or section 28-1701, any person older than eighteen years of age and under the age of twenty-one years violating section 53-180.02 is guilty of a Class III misdemeanor.
(b) Subdivision (a) of this subsection shall not apply if the person:
(i) Made a good faith request for emergency medical assistance in response to the possible alcohol overdose of himself or herself or another person as soon as the emergency situation is apparent after such violation of section 53-180.02 ;
(ii) Made the request for medical assistance under subdivision (b)(i) of this subsection as soon as the emergency situation is apparent after such violation of section 53-180.02 ; and
(iii) When emergency medical assistance was requested for the possible alcohol overdose of another person:
(A) Remained on the scene until the medical assistance arrived; and
(B) Cooperated with medical assistance and law enforcement personnel.
(c) The exception from criminal liability provided in subdivision (b) of this subsection applies to any person who makes a request for emergency medical assistance and complies with the requirements of subdivision (b) of this subsection.
(d) Subdivision (a) of this subsection shall not apply to the person experiencing a possible alcohol overdose if a request for emergency medical assistance in response to such possible alcohol overdose was made by another person in compliance with subdivision (b) of this subsection.
(e) A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer’s compliance with subdivision (b), (c), or (d) of this subsection.
(5) Any person eighteen years of age or younger violating section 53-180.02 is guilty of a misdemeanor as provided in section 53-181 and shall be punished as provided in such section.
(6) Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.
(7) When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (6) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor’s parent or guardian of the arrest.
Source
- Laws 1935, c. 116, § 38, p. 400;
- Laws 1937, c. 125, § 1, p. 437;
- C.S.Supp.,1941, § 53-338;
- Laws 1943, c. 121, § 1, p. 419;
- R.S.1943, § 53-180;
- Laws 1951, c. 174, § 1(6), p. 664;
- Laws 1963, c. 313, § 2, p. 943;
- Laws 1969, c. 444, § 1, p. 1482;
- Laws 1973, LB 25, § 3;
- Laws 1977, LB 40, § 315;
- Laws 1982, LB 869, § 1;
- Laws 1984, LB 56, § 4;
- Laws 1985, LB 493, § 2;
- Laws 1989, LB 440, § 1;
- Laws 1991, LB 454, § 1;
- Laws 2001, LB 114, § 6;
- Laws 2010, LB258, § 2;
- Laws 2011, LB667, § 22;
- Laws 2015, LB439, § 1;
- Laws 2018, LB923, § 2;
- Laws 2022, LB519, § 6.