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Nebraska State law
State law — Nebraska
Offences by family
Against the person
Assault (aggravated) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Assault — 1st degree: intentionally or knowingly causing serious bodily injury (Class II felony) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
Assault — 2nd degree: intentionally / knowingly causing bodily injury with a dangerous instrument; recklessly causing serious bodily injury with a dangerous instrument; or striking / wounding another while in custody (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Offences against a pregnant woman are punished one class higher (§ 28-115). Bias-motivated offences are punished one class higher (§ 28-111).
Assault (simple) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Assault — 3rd degree: intentionally / knowingly / recklessly causing bodily injury, or threatening another in a menacing manner (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Assault — 3rd degree, committed in a fight or scuffle entered into by mutual consent (Class II misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
Assault on an officer / emergency responder / health-care professional (§ 28-929) carries enhanced penalties. Assault by strangulation or suffocation (§ 28-310.01) is a Class IIIA felony (reported).
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Domestic assault — 3rd degree: intentionally / knowingly / recklessly causing bodily injury to an intimate partner, or threatening imminent bodily injury (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Domestic assault — 3rd degree, with one prior domestic-assault conviction (Class IIIA felony) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- $0–$10,000
Domestic assault — 3rd degree, with two or more prior domestic-assault convictions (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Domestic assault — 2nd degree: bodily injury with a dangerous instrument, or reckless serious bodily injury with a dangerous instrument (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Domestic assault — 2nd degree, with one or more prior 2nd- / 1st-degree convictions (Class II felony) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
Domestic assault — 1st degree: intentionally and knowingly causing serious bodily injury to an intimate partner (Class ID felony) Possibly — unconfirmed
- Imprisonment
- 3–50 years
- Fine
- No fine authorised
Mandatory minimum 3 years.
Domestic assault — 1st degree, with one or more prior 1st-degree convictions (Class IB felony) Possibly — unconfirmed
- Imprisonment
- 15 years–life
- Fine
- No fine authorised
Mandatory minimum 15 years.
CONFLICT FLAGGED: older mirrors (including Justia's 2025 text) show lower tiers for § 28-323 (3rd subsequent = Class IIIA; 2nd = Class IIIA / IIA; 1st = Class IIA / II). The tiers below follow the current official Nebraska Legislature text, which is substantially harsher. Protection orders are available under the Protection Orders Act (§§ 28-311.02–28-311.12).
Homicide — manslaughter Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manslaughter — killing without malice upon a sudden quarrel, or unintentionally causing death while committing an unlawful act (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Motor vehicle homicide — unintentionally causing death while operating a vehicle in violation of Nebraska law / local ordinance (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Motor vehicle homicide — proximate cause is reckless driving (§ 60-6,213) or reckless driving / willful reckless driving (§ 60-6,214) (Class IIIA felony) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- $0–$10,000
Motor vehicle homicide — proximate cause is DUI (§ 60-6,196) (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Motor vehicle homicide — DUI death with a prior DUI conviction (Class II felony) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
Nebraska's manslaughter statute covers both voluntary (sudden quarrel) and involuntary (unintentional killing during an unlawful act) manslaughter in one offence.
Homicide — murder Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Murder — 1st degree: purposely and with deliberate, premeditated malice; felony murder (sexual assault 1st degree, arson, robbery, kidnapping, hijacking, burglary); murder by poison; or perjury procuring an innocent person's execution (Class I / Class IA felony) Possibly — unconfirmed
- Imprisonment
- Death or life imprisonment
- Fine
- No fine authorised
Class I = death; Class IA = life. Sentencing determination per §§ 29-2519–29-2524.
Murder — 2nd degree: intentionally causing death, without premeditation (Class IB felony) Possibly — unconfirmed
- Imprisonment
- 20 years–life
- Fine
- No fine authorised
Nebraska retains the death penalty for first-degree murder (voters reinstated it by referendum in 2016 after the 2015 legislative repeal). Method: lethal injection. Minimum age 18.
Sexual offences
Sexual assault / rape Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Sexual assault — 1st degree: sexual penetration without consent, with force / threat, or victim incapable of consent (Class II felony, reported) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
Sexual assault — 2nd degree: sexual contact without consent or with an incapacitated victim, causing serious personal injury (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Raised from Class III to Class IIA by LB360 (2021).
Sexual assault — 3rd degree: sexual contact without consent or with an incapacitated victim, without serious personal injury (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Sex-offender registration applies. Sexual assault of a child (§§ 28-319.01, 28-320.01): 1st degree = Class IB felony (20 years–life, reported); 2nd degree = Class II felony (1–50 years); 3rd degree = Class IIIA felony (0–3 years / $0–$10,000); repeat child sexual assault = Class IC felony (5–50 years, 25-year mandatory minimum for 2nd-degree child, reported).
Property
Burglary Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Burglary — wilfully, maliciously and forcibly breaking and entering real estate / improvements with intent to commit a felony or steal property (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
No degrees; no fine authorised for Class IIA.
Possession of burglar's tools (§ 28-508) is a separate Class IV felony.
Robbery Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Robbery — forcibly and by violence, or by putting in fear, taking money / personal property from the person of another, with intent to steal (Class II felony) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
No degrees; no fine authorised for Class II.
Use of a deadly weapon during a felony (§ 28-1205) is a separate Class IC / ID felony, consecutive to the underlying offence.
Theft Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Theft — value $500 or less (Class II misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
2nd conviction = Class I misdemeanor; 3rd+ = Class IV felony.
Theft — value over $500 but under $1,500 (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
2nd or subsequent conviction = Class IV felony.
Theft — value $1,500 or more but under $5,000 (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Theft — value $5,000 or more (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Theft by deception (§ 28-512), theft by extortion (§ 28-513) and theft by receiving stolen property (§ 28-517) are graded under this same section. Amounts from one scheme or course of conduct may be aggregated. Priors used for enhancement must be within 10 years.
Vandalism / criminal damage Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Criminal mischief — intentionally / maliciously causing substantial interruption of rail infrastructure, telecom / broadband service, or water / gas / power supply (Class III felony) Possibly — unconfirmed
- Imprisonment
- 0–4 years
- Fine
- $0–$25,000
Criminal mischief — intentionally / maliciously causing pecuniary loss of $5,000 or more (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Criminal mischief — pecuniary loss $1,500 to under $5,000 (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Criminal mischief — pecuniary loss $500 to under $1,500 (Class II misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
Criminal mischief — pecuniary loss under $500, or no pecuniary loss (Class III misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–3 months
- Fine
- $0–$500
Unlawful application of graffiti (§ 28-524) is a separate offence (tiers not verified in this session).
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Forgery — 1st degree: falsely making / completing / endorsing / altering / uttering an instrument purporting to be government money / securities / stamps, or corporate stock / bonds / bank notes (Class III felony) Possibly — unconfirmed
- Imprisonment
- 0–4 years
- Fine
- $0–$25,000
Forgery — 2nd degree: face value / proceeds $5,000 or more (Class IIA felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Forgery — 2nd degree: face value / proceeds $1,500 to under $5,000 (Class IV felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Identity theft — value gained / attempted $5,000 or more (Class IIA felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
2nd or subsequent conviction = Class II felony (1–50 years).
Identity fraud — obtaining / possessing / using / selling a personal identification document for deception (Class I misdemeanor, reported) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Theft by deception — graded by value under § 28-518 Possibly — unconfirmed
- Imprisonment
- See Theft entry
- Fine
- See Theft entry
Forgery-device and financial-transaction-device offences (§§ 28-605, 28-619–28-631) carry separate penalties (not detailed here).
Drugs
Drug possession Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession of a controlled substance (other than marijuana) (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Possession of marijuana 1 oz or less — 1st offence (infraction) Possibly — unconfirmed
- Imprisonment
- Fine only
- Fine
- $300 (fixed fine)
Citation + drug-education course.
Possession of marijuana 1 oz or less — 2nd offence (Class IV misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–5 days
- Fine
- $400 (fixed fine)
Possession of marijuana 1 oz or less — 3rd or subsequent offence (Class IIIA misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–7 days
- Fine
- $500 (fixed fine)
Possession of marijuana over 1 oz but not over 1 lb (Class III misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–3 months
- Fine
- $0–$500
Possession of marijuana over 1 lb (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Possession while also possessing a firearm, or where use of the substance caused death / serious bodily injury, is punished one class higher (up to Class IB) under § 28-416(16). Recreational marijuana is illegal in Nebraska (medical cannabis permitted under the Medical Cannabis Regulation Act, § 71-9501 et seq.).
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manufacture / distribution / possession with intent — exceptionally hazardous drug (Schedule I / II / III) (Class II felony) Possibly — unconfirmed
- Imprisonment
- 1–50 years
- Fine
- No fine authorised
Manufacture / distribution / possession with intent — other Schedule I / II / III substance (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Manufacture / distribution / possession with intent — Schedule IV / V substance (Class IIIA felony) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- $0–$10,000
Methamphetamine / amphetamine — 140 g or more (Class IB felony, reported) Possibly — unconfirmed
- Imprisonment
- 20 years–life
- Fine
- No fine authorised
Methamphetamine / amphetamine — 28 g to under 140 g (Class IC felony, reported) Possibly — unconfirmed
- Imprisonment
- 5–50 years
- Fine
- No fine authorised
Mandatory minimum 5 years.
Methamphetamine / amphetamine — 10 g to under 28 g (Class ID felony, reported) Possibly — unconfirmed
- Imprisonment
- 3–50 years
- Fine
- No fine authorised
Mandatory minimum 3 years.
Delivery to a person under 18, or within 1,000 feet of a school / youth facility, carries enhanced penalties under § 28-416(4)–(5). Marijuana distribution tiers were not verified in this session. The methamphetamine weight tiers below are reported from the § 28-416(10) text as published in 2013; current text should be re-checked.
Weapons
Weapons offences Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession of a firearm by a prohibited person (felony conviction, fugitive, protection-order subject, deferred-judgment probation, or DV misdemeanour within 7 years) — 1st offence (Class ID felony) Possibly — unconfirmed
- Imprisonment
- 3–50 years
- Fine
- No fine authorised
Mandatory minimum 3 years.
Possession of a firearm by a prohibited person — 2nd or subsequent offence (Class IB felony) Possibly — unconfirmed
- Imprisonment
- 20 years–life
- Fine
- No fine authorised
Possession of a deadly weapon other than a firearm by a prohibited person (Class III felony) Possibly — unconfirmed
- Imprisonment
- 0–4 years
- Fine
- $0–$25,000
Carrying a concealed weapon as a minor or prohibited person — 1st offence (Class I misdemeanor, reported) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Carrying a concealed weapon as a minor or prohibited person — subsequent offence (Class IV felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Nebraska is a permitless-carry state since September 2023 (LB77): anyone 21+ who may lawfully possess a firearm may carry a concealed handgun without a permit. Use of a deadly weapon during a felony (§ 28-1205) is a separate Class IC / ID felony, consecutive to the underlying offence.
Traffic & transport
DUI / drink driving Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
DUI — 1st offence (Class W misdemeanor) Possibly — unconfirmed
- Imprisonment
- 7–60 days
- Fine
- $500 (fixed fine on probation)
Licence revocation 6 months; ignition-interlock permit required.
DUI — 2nd offence (Class W misdemeanor) Possibly — unconfirmed
- Imprisonment
- 30–180 days
- Fine
- $500
Licence revocation 1 year. Probation: 10 days jail or 240 hours community service.
DUI — 3rd offence (Class W misdemeanor) Possibly — unconfirmed
- Imprisonment
- 90 days–1 year
- Fine
- $0–$1,000
Licence revocation 15 years.
DUI — 3rd offence, aggravated, or 4th offence (Class IIIA felony) Possibly — unconfirmed
- Imprisonment
- 180 days–3 years
- Fine
- $0–$10,000
Licence revocation 15 years.
DUI — 4th offence, aggravated, or 5th offence (Class IIA felony) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- No fine authorised
Licence revocation 15 years.
DUI — 5th offence, aggravated (Class II felony, reported) Possibly — unconfirmed
- Imprisonment
- 2–50 years
- Fine
- No fine authorised
Licence revocation 15 years.
15-year lookback for priors. Aggravated DUI = BAC 0.15 or higher, or refusal of a chemical test — treated as one offence level higher. DUI causing serious bodily injury (§ 60-6,198) is a Class IIIA felony (0–3 years / $0–$10,000).
Cyber & digital
Cybercrime / hacking Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Unauthorised computer access creating a grave risk of causing death (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Unauthorised computer access creating a risk to public health and safety (Class I misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Unauthorised computer access compromising the security of data (Class II misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
Computer crime — access with intent to deprive / obtain property or services (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Computer crime — depriving / obtaining property or services worth $1,000 or more (Class III felony) Possibly — unconfirmed
- Imprisonment
- 0–4 years
- Fine
- $0–$25,000
Computer crime — access causing damage, disruption, or distribution of a destructive program (Class IV felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$10,000
Computer crime — damage / disruption losses of $1,000 or more (Class III felony) Possibly — unconfirmed
- Imprisonment
- 0–4 years
- Fine
- $0–$25,000
Computer crime — obtaining confidential public information (Class II misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
2nd or subsequent offence = Class I misdemeanor.
Computer crime — access without authorisation / exceeding authorisation (Class V misdemeanor) Possibly — unconfirmed
- Imprisonment
- Fine only
- Fine
- $0–$100
2nd or subsequent offence = Class II misdemeanor.
Computer Crimes Act, §§ 28-1341–28-1348. Attempt is not separately criminalised under this Act (reported).