Nebraska Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Felony classes and penalties under § 28-105(1): Class I — death; Class IA — life imprisonment; Class IB — maximum life imprisonment, minimum 20 years; Class IC — maximum 50 years, mandatory minimum 5 years; Class ID — maximum 50 years, mandatory minimum 3 years; Class II — maximum 50 years, minimum 1 year; Class IIA — maximum 20 years, no minimum; Class III — maximum 4 years imprisonment and 2 years post-release supervision or a $25,000 fine, or both; Class IIIA — maximum 3 years imprisonment and 18 months post-release supervision or a $10,000 fine, or both; Class IV — maximum 2 years imprisonment and 12 months post-release supervision or a $10,000 fine, or both. The table lists no fine for Classes I through IIA.

Class I misdemeanor — maximum one year imprisonment, $1,000 fine, or both; Class II — six months, $1,000, or both; Class III — three months, $500, or both; Class IIIA — seven days, $500, or both; Class IV — no imprisonment, $500 fine; Class V — no imprisonment, $100 fine. None of these classes has a minimum penalty. (Class W misdemeanors apply to impaired-driving offenses and are not covered here.)

Theft is a Class IV felony when the value of the thing involved is 'one thousand five hundred dollars or more but less than five thousand dollars,' and a Class IIA felony when the value 'is five thousand dollars or more.' More than $500 but less than $1,500 — Class I misdemeanor; $500 or less — Class II misdemeanor. Repeat offenses under the misdemeanor tiers carry higher penalties (§ 28-518(5)-(6)).

Nebraska has a duty to retreat outside the home and workplace. Deadly force is not justifiable unless the actor believes it is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it or complying with a demand to abstain from an action he has no duty to take. Deadly force is also not justifiable if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force in the same encounter.

'The actor shall not be obliged to retreat from his dwelling or place of work unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be' (§ 28-1409(4)(b)(i)). Deadly force in the dwelling is still limited to situations where the actor believes it is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat (§ 28-1409(4)).

No limit: 'There shall not be any time limitations for prosecution or punishment' for treason, murder, arson, forgery, first- or second-degree sexual assault, first-, second- or third-degree sexual assault of a child, incest, labor or sex trafficking of a minor, offenses under § 28-1805, and third-degree sexual assault when the victim is under 16 (§ 29-110(11)). Felonies generally: within three years after the offense (§ 29-110(1)). Misdemeanors and other lesser offenses: within one year and six months (one year for offenses punishable by a fine of up to $100 and up to three months' imprisonment) (§ 29-110(2)). Extended limits apply to certain offenses — e.g., 7 years for kidnapping, false imprisonment, child abuse and certain offenses against minors (measured from the offense or the victim's 16th or 18th birthday, whichever is later); 6 years for abuse of a vulnerable or senior adult; 5 years for identity theft and certain securities offenses. The limits do not extend to any person fleeing from justice.

'Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance' unless the judge determines that release would not reasonably assure appearance or would jeopardize safety or the evidence (§ 29-901(1)). Defendants charged with certain Class IIIA, IV or V misdemeanors or ordinance violations must generally be released on recognizance or non-bond conditions, with listed exceptions (§ 29-901(2)). If recognizance is denied, the judge must consider the defendant's ability to pay and impose 'the least onerous' conditions that will reasonably assure appearance — supervised custody, travel or residence restrictions, or a bond; an appearance bond may be posted by a cash deposit with the clerk of a sum not to exceed ten percent of the bond amount (90% is returned after the case; minimum deposit $25) (§ 29-901(3)). Eligibility for release or supervision 'shall under no circumstances be conditioned upon the defendant's ability to pay,' and supervision fees must be waived for those unable to pay (§ 29-901(6)).

'Indigent means the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family' (§ 29-3901(4)). Before a felony defendant's initial court appearance the public defender makes the indigency determination; after that, the court does. At the first appearance the judge advises the defendant of the right to court-appointed counsel if indigent; if the defendant asserts indigency, the court makes a reasonable inquiry into the defendant's financial condition and requires an affidavit of indigency, and if indigency is found it appoints the public defender or county conflict counsel (§ 29-3903).

Sexual assault in the first degree includes sexual penetration 'when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age' (§ 28-319(1)(c)); this is a Class II felony, with a mandatory minimum of 25 years for a second conviction (§ 28-319(2)-(3)).

Adult-use marijuana is not legal. Possessing marijuana weighing one ounce or less: first offense — an infraction, a citation, a $300 fine, and possible assignment to a drug education course; second offense — Class IV misdemeanor, $400 fine, and imprisonment not to exceed five days; third and subsequent offenses — Class IIIA misdemeanor, $500 fine, and imprisonment not to exceed seven days (§ 28-416(14)). More than one ounce but not more than one pound — Class III misdemeanor (§ 28-416(12)); more than one pound — Class IV felony (§ 28-416(13)). Medical cannabis: the Nebraska Medical Cannabis Patient Protection Act (Initiative Law 2024, No. 437, amended by Laws 2025, LB1) defines the 'allowable amount of cannabis' for a qualified patient as 'up to five ounces of cannabis'; a qualified patient is an individual 18 or older with a written recommendation from a health care practitioner (or a minor with such a recommendation and parental permission) (§ 71-24,104).

Simple assault is called assault in the third degree in Nebraska: intentionally, knowingly or recklessly causing bodily injury to another person, or threatening another in a menacing manner. It is a Class I misdemeanor (up to one year in jail, a $1,000 fine, or both), or a Class II misdemeanor (up to six months) if committed in a fight or scuffle entered into by mutual consent. Assault in the second degree, a Class IIA felony (up to twenty years), is intentionally or knowingly causing bodily injury with a dangerous instrument, recklessly causing serious bodily injury with a dangerous instrument, or striking or wounding someone while in jail or state custody. Intentionally or knowingly causing serious bodily injury is assault in the first degree, a Class II felony (one to fifty years).

Nebraska has no separate battery crime. Causing bodily injury is charged as assault (third degree is intentionally, knowingly or recklessly causing bodily injury, a Class I misdemeanor), and the assault statute does not list mere offensive touching without injury as a separate offense.

Nebraska has a separate domestic assault crime when the victim is an intimate partner (a spouse, former spouse, someone who shares a child with the defendant, or a current or former dating partner). Third-degree domestic assault (intentionally, knowingly or recklessly causing bodily injury to an intimate partner, or threatening imminent bodily injury) is a Class I misdemeanor; it becomes a Class IIIA felony (up to three years) with one prior domestic assault conviction and a Class IIA felony (up to twenty years) with two or more. Second-degree domestic assault (bodily injury with a dangerous instrument, or recklessly causing serious bodily injury with one) is a Class IIA felony, or a Class II felony with a prior; first-degree domestic assault (intentionally and knowingly causing serious bodily injury) is a Class ID felony, or a Class IB felony with a fifteen-year mandatory minimum with a prior. Strangulation or suffocation of anyone (impeding breathing or blood circulation by pressing on the throat or neck, or covering the mouth and nose), even with no visible injury, is a Class IIIA felony, or a Class IIA felony if a dangerous instrument is used, serious bodily injury results, or the person has a prior conviction.

Nebraska has a specific crime called theft by shoplifting: concealing or taking store merchandise, switching price tags or containers, under-ringing a register, or disabling a security device, intending to take the goods without paying. It is graded like other theft. Theft of property worth five hundred dollars or less is a Class II misdemeanor (up to six months, $1,000 fine, or both) on a first conviction and a Class I misdemeanor (up to one year) on a second; a third or later conviction is a Class IV felony (up to two years plus post-release supervision or a $10,000 fine). Prior convictions count only if they occurred within ten years before the new offense. A merchant or employee with probable cause may detain a suspected shoplifter in a reasonable manner for a reasonable time without criminal or civil liability.

Burglary is willfully, maliciously and forcibly breaking and entering any real estate or improvements on it with intent to commit a felony or to steal property of any value; it is a Class IIA felony, punishable by up to twenty years in prison, and Nebraska does not divide it into degrees. Robbery is taking money or property of any value from another person, with intent to steal, by force and violence or by putting the person in fear; it is a Class II felony, punishable by one to fifty years.

Vandalism is called criminal mischief in Nebraska, and its grade depends on the dollar loss. Loss under five hundred dollars (or no loss) is a Class III misdemeanor (up to three months, $500, or both); $500 to under $1,500 is a Class II misdemeanor; $1,500 to under $5,000 is a Class I misdemeanor; and a loss of five thousand dollars or more is a Class IV felony. Damage done to cause a substantial interruption of rail, telecommunication or broadband service, or water, gas or power supply, is a Class III felony regardless of amount.

First-degree criminal trespass is entering or secretly remaining in a building or occupied structure (or a fenced public power facility) knowing you are not allowed to; it is a Class I misdemeanor (up to one year, $1,000, or both). Second-degree criminal trespass is entering or remaining on property where notice against trespass was given (or using a drone to spy on someone in a private place on another's property); it is a Class III misdemeanor (up to three months, $500, or both), or a Class II misdemeanor if the person defies an order to leave personally given by the owner or another authorized person.

Knowingly or intentionally possessing any controlled substance other than marijuana without a valid prescription (for example cocaine, heroin, methamphetamine or fentanyl, in any amount) is a Class IV felony, punishable by up to two years in prison plus twelve months of post-release supervision or a $10,000 fine, or both. Using or possessing drug paraphernalia with intent to use it with a controlled substance is only an infraction. By contrast, a first offense for one ounce or less of marijuana is an infraction with a $300 fine.

A driver in a crash that damages property must stop and give name, address, phone number and license number to the owner (or leave a note on an unattended vehicle and report to police); failing to do so is a Class II misdemeanor, or a Class I misdemeanor with a prior conviction in the past twelve years, and the court may ban driving and revoke the license. A driver in a crash that injures or kills someone must stop, identify themselves, show their license and give reasonable help to the injured. Leaving the scene of an injury crash is a Class IIIA felony (up to three years), and leaving when the crash caused serious bodily injury or death is a Class III felony (up to four years); either felony requires a court-ordered driving ban and license revocation of one to fifteen years.

Reckless driving is driving in a manner that shows an indifferent or wanton disregard for the safety of persons or property; it is a criminal offense, a Class III misdemeanor (up to three months, $500, or both) on a first conviction. Willful reckless driving (a willful disregard for safety) is also a Class III misdemeanor on a first conviction, but the court must ban driving and revoke the license for 30 days to one year. A second conviction for either offense is a Class II misdemeanor with a 60-day to two-year driving ban and license revocation, and impoundment of a vehicle the offender owns for two months to one year.

Stalking is willfully harassing another person or their family or household member with intent to injure, terrify, threaten or intimidate; 'harass' means a knowing and willful course of conduct aimed at a specific person (following, detaining, telephoning, contacting or otherwise communicating with them) that seriously terrifies, threatens or intimidates them and serves no legitimate purpose. As amended in 2026 (operative July 18, 2026), any stalking violation is a Class IIIA felony, punishable by up to three years in prison plus post-release supervision or a $10,000 fine. Separately, telephoning or electronically communicating with someone to intimidate, threaten or harass them (with obscene language, threats of injury, or extortion attempts) is intimidation by telephone call or electronic communication, a Class III misdemeanor.

Resisting arrest is intentionally preventing or trying to prevent a peace officer from arresting you or someone else by using or threatening force or violence, by means that create a substantial risk of physical injury, or by means requiring substantial force to overcome. It is a Class I misdemeanor for a first offense, and a Class IIIA felony (up to three years) for a second or later offense or when a deadly or dangerous weapon is used. Fleeing police in a vehicle to avoid arrest or a citation is a Class I misdemeanor with up to a one-year license revocation, but becomes a Class IV felony, with a mandatory two-year license revocation, if the person has a prior conviction, the flight directly causes death or injury, or the person drives with willful recklessness while fleeing.

A person charged with a felony who is released on bail, recognizance or conditional release and willfully fails to appear in court when required, or to surrender within three days afterward, is guilty of a Class IV felony (up to 2 years in prison and 12 months of post-release supervision, a $10,000 fine, or both). A person charged with a misdemeanor or city or village ordinance violation that could carry more than 90 days in jail who willfully fails to appear is guilty of a Class II misdemeanor (up to 6 months, a $1,000 fine, or both). These penalties are in addition to any bond forfeiture or other penalty provided by law.

When a motion or information to revoke probation is filed, the probationer is entitled to prompt consideration by the sentencing court, and the court 'shall not revoke probation or increase the probation requirements imposed on the probationer, except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence.' The probationer may receive written notice of the grounds, hear and challenge the evidence, offer evidence and have a lawyer (§ 29-2267(1)-(2)). For a felony probationer, revocation for a substance-abuse or noncriminal violation may be started only after the person has served ninety days of cumulative custodial sanctions in the current term (§ 29-2267(3)). If a violation is found, the court may revoke and impose any sentence that could originally have been imposed, or instead give a reprimand and warning, intensify supervision, add conditions, impose a custodial sanction on a felony probationer, or extend the term; a violation of post-release supervision may lead to imprisonment up to the original supervision period (§ 29-2268).

Obstructing government operations (intentionally obstructing or impairing the administration of law or a government function by force, physical interference, breach of official duty or another unlawful act) is a Class I misdemeanor; it does not cover simply fleeing or refusing to submit to arrest without affirmative interference (§ 28-901). Obstructing a peace officer by using or threatening violence, force or physical interference is a Class I misdemeanor (§ 28-906). Tampering with a witness or informant (trying to get a witness to lie, withhold evidence, dodge a subpoena or stay away) is a Class IV felony, but a Class I misdemeanor if the pending criminal case is a Class II misdemeanor or lower, and a Class II felony if the pending case is a Class II felony or higher; jury tampering and tampering with physical evidence are graded the same way (§§ 28-919, 28-922).

Perjury is making a material false statement under oath (or in a qualifying unsworn declaration under penalty of perjury) in an official proceeding, not believing it true; it is a Class III felony (up to 4 years in prison and 2 years of post-release supervision, a $25,000 fine, or both), and persuading someone else to commit perjury (subornation) is also a Class III felony. Retracting the lie in the same proceeding before it is exposed and before it substantially affects the proceeding is a defense (§ 28-915). A knowingly false statement under oath in an official proceeding or meant to mislead a public servant, without the materiality required for perjury, is a Class I misdemeanor, and a false statement in a document required to be sworn before a notary is a Class II misdemeanor (§ 28-915.01).

Being drunk in public cannot be punished under local law in Nebraska: 'No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction,' and local governments may not use general laws to get around this.

Nebraska's version of disorderly conduct is disturbing the peace: anyone who 'shall intentionally disturb the peace and quiet of any person, family, or neighborhood' commits the offense. It is a Class III misdemeanor, punishable by up to 3 months in jail, a $500 fine, or both.

Indecent exposure is called public indecency in Nebraska: a person 18 or older who, in a public place where it may reasonably be expected to be seen by the public, performs or procures sexual penetration, exposes the genitals with intent to affront or alarm any person, or lewdly fondles another person. It is a Class II misdemeanor (up to 6 months, a $1,000 fine, or both); breastfeeding a child in public is not a violation. Public indecency is not among the offenses listed in the Sex Offender Registration Act's applicability section (§ 29-4003).

Prostitution (performing, offering or agreeing to perform sexual contact or penetration with someone other than a spouse for money or something of value) is a Class II misdemeanor for a first or second conviction and a Class I misdemeanor with two or more prior convictions; probation must include a mental health and substance abuse assessment. Trafficking victims and people under 18 are immune from prosecution (§ 28-801). Buying sex, called solicitation of prostitution, is a Class I misdemeanor with a fine of at least $250 for a first offense, a Class IV felony with a fine of at least $500 for a repeat offense, and a Class IV felony if the person solicited is under 18 (§ 28-801.01).

Betting on chance or on a game, contest or election is unlawful gambling unless done under one of the state's gaming laws: the Nebraska Bingo Act, County and City Lottery Act (keno), Lottery and Raffle Act, Pickle Card Lottery Act, Small Lottery and Raffle Act, State Lottery Act, or the Nebraska Racetrack Gaming Act (§ 28-1101(4)). Under the Racetrack Gaming Act, licensed operators may offer games of chance, including slot machines, table games, card games, keno and sports wagering, within licensed racetrack enclosures regulated by the State Racing and Gaming Commission; sports wagering excludes in-game and individual-player bets on games involving Nebraska college teams (§ 9-1103). Playing an unlawful game by betting less than $500 in a day is promoting gambling in the third degree, a Class IV misdemeanor ($500 fine) (§ 28-1104); betting $500 or more in a day or small-scale bookmaking is a Class II misdemeanor (§ 28-1103); bookmaking or receiving $1,500 or more in a day is a Class I misdemeanor for a first offense, a Class IV felony for a second and a Class III felony after that (§ 28-1102).

Nebraska has no separate general embezzlement crime in its theft article; an employee or other person who takes or keeps another's property is charged with theft by unlawful taking (§ 28-511) or theft by deception, which includes failing to correct a false impression the person knows is influencing someone in a fiduciary or confidential relationship (§ 28-512(3)). Theft is graded by value: $500 or less is a Class II misdemeanor; more than $500 but less than $1,500 is a Class I misdemeanor; $1,500 to under $5,000 is a Class IV felony; and $5,000 or more is a Class IIA felony (up to 20 years). Repeat low-value thefts within ten years can become a Class IV felony, and amounts from one scheme may be added together (§ 28-518).

Identity theft is knowingly taking, possessing or using another person's or entity's identifying information without consent (or creating a fictional identity) to use it unlawfully, cause loss, get or keep a job, or gain money. It is a Class II misdemeanor if nothing or less than $500 was gained or sought; a Class I misdemeanor for $500 to under $1,500; a Class IV felony for $1,500 to under $5,000; and a Class IIA felony for $5,000 or more, with repeat convictions graded higher (§ 28-639). Unauthorized use of a credit or debit card or other financial transaction device is graded by the value obtained within six months: Class II misdemeanor under $500, Class I misdemeanor $500 to under $1,500, Class IV felony $1,500 to under $5,000, and Class IIA felony $5,000 or more (§ 28-620).

Forgery in the first degree (forging government money, stamps or securities, or corporate stock, bonds or bank notes) is a Class III felony (§ 28-602). Forgery in the second degree (falsely making, altering or passing any other legal instrument with intent to deceive or harm) is graded by amount: Class II misdemeanor under $500, Class I misdemeanor $500 to under $1,500, Class IV felony $1,500 to under $5,000, and Class IIA felony $5,000 or more (§ 28-603). Issuing a bad check to obtain property knowing there are insufficient funds is graded the same way by amount, and a second or subsequent misdemeanor-level offense is a Class IV felony (§ 28-611).

Blackmail and extortion are charged as theft by extortion: obtaining property, money or anything of value by threatening to injure anyone or commit a crime, accuse someone of a crime, expose a secret that would bring hatred, contempt or ridicule or harm credit or business reputation, take or withhold official action, testify or withhold testimony, or distribute intimate images or video without consent (§ 28-513). It is an affirmative defense to some of these threats that the property was honestly claimed as restitution or compensation. The grade follows the theft value tiers, from a Class II misdemeanor ($500 or less) up to a Class IIA felony ($5,000 or more) (§ 28-518).

First-degree murder is killing someone purposely with deliberate and premeditated malice, killing during a first-degree sexual assault, arson, robbery, kidnapping, hijacking or burglary (felony murder), killing by poison, or procuring an innocent person's execution by perjury. It is a Class I felony (death) or Class IA felony (life imprisonment), decided at a separate sentencing proceeding. Second-degree murder is causing a death intentionally but without premeditation, a Class IB felony (20 years to life).

Manslaughter is killing someone without malice upon a sudden quarrel, or unintentionally causing a death while committing an unlawful act; it is a Class IIA felony (up to 20 years). Motor vehicle homicide (unintentionally causing a death while driving in violation of a traffic law) is a Class I misdemeanor (up to one year and $1,000); it is a Class IIIA felony (up to 3 years) if caused by reckless or willful reckless driving, a Class IIA felony (up to 20 years) if caused by drunk or drugged driving or by driving while revoked for DUI, and a Class II felony (1 to 50 years) if the driver has a prior DUI conviction. A DUI-related conviction also requires a 15-year driving ban and license revocation.

Child abuse covers knowingly, intentionally or negligently causing or permitting a minor child to be placed in a situation that endangers the child's life or physical or mental health, cruelly confined or punished, deprived of necessary food, clothing, shelter or care, or exposed to sexual exploitation, sexual abuse or trafficking. Negligent child abuse without serious injury is a Class I misdemeanor (up to one year and $1,000); knowing and intentional abuse without serious injury, or negligent abuse causing serious bodily injury, is a Class IIIA felony (up to 3 years); negligent abuse causing death is a Class IIA felony; knowing abuse causing serious injury is a Class II felony; and knowing abuse causing death is a Class IB felony. Contributing to the delinquency of a child under 18 is a Class I misdemeanor.

First-degree arson is intentionally damaging a building or its contents by fire or explosion when a person is inside and the actor knows it or it is reasonably probable, or starting a fire during a robbery, burglary or felony criminal mischief with someone present; it is a Class II felony (1 to 50 years). Second-degree arson is the same conduct without anyone present, a Class III felony (up to 4 years); burning one's own building with everyone's consent for a lawful purpose is a defense. Third-degree arson is burning another person's property that is not a building, a Class IV felony (up to 2 years) if damage is $1,500 or more, a Class I misdemeanor for $500 to $1,500, and a Class II misdemeanor under $500.

Intentionally, knowingly or recklessly abandoning or cruelly neglecting an animal is a Class I misdemeanor (up to one year and $1,000), or a Class IV felony (up to 2 years) if the animal suffers serious injury, illness or death. Cruelly mistreating an animal is a Class I misdemeanor for a first offense and a Class IIIA felony (up to 3 years) for a later offense, and a Class IIIA felony from the start if it involves knowing and intentional torture, repeated beating or mutilation. After a felony conviction the court must ban the person from owning, possessing or living with any animal for 5 to 15 years; after a Class I misdemeanor it may impose a ban of up to 5 years.

Yes. Knowingly and intentionally distributing or making public an image or video of another person's intimate area or sexually explicit conduct, when the person reasonably expected it to stay private, without their consent and for no legitimate purpose, is a Class I misdemeanor (up to one year and $1,000) for a first offense and a Class IV felony (up to 2 years) for a later offense. Threatening to distribute such an image to intimidate, threaten or harass is a Class I misdemeanor. Distributing an image that was secretly recorded is a Class IIA felony (up to 20 years) for a first or second violation and a Class II felony for a third.

Intimidation by telephone call or electronic communication (sending a message directly to someone, with intent to intimidate, threaten or harass, that uses obscene language, threatens injury, or attempts extortion) is a Class III misdemeanor (up to three months and $500). Stalking (willfully harassing a person through a course of conduct, including repeated communications, with intent to injure, terrify, threaten or intimidate) is a separate offense. Each school district must adopt a bullying prevention policy covering electronic abuse on school grounds, vehicles and activities, but that law sets no criminal penalty.

A person under 19 who knowingly and intentionally possesses or receives child sexual abuse material commits a Class I misdemeanor (a Class IV felony for a repeat), instead of the Class IIA felony that applies to adults 19 and older. It is an affirmative defense for a defendant under 18 if the image was voluntarily made and sent by the other child, the age difference is less than four years, it shows only one child besides the defendant, it was not shared with anyone else, and there was no coercion; a similar defense applies to an 18-year-old when the child shown is at least 15.

Labor trafficking or sex trafficking of an adult is a Class II felony (1 to 50 years). Labor trafficking or sex trafficking of a minor is a Class IB felony (20 years to life). Knowingly benefiting from or participating in a trafficking venture is a Class IIA felony (up to 20 years). A minor's consent, or a belief that the minor consented or was an adult, is not a defense.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection, or where a tunnel or overpass is provided, must yield to all vehicles; between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless signals allow it. Drivers must stop for pedestrians in a crosswalk in their lane or the adjacent lane where signals are not operating, and pedestrians may not suddenly step into the path of a vehicle too close to stop. A violation is a traffic infraction with a fine of up to $100 for a first offense, $200 for a second within a year, and $300 for a third within a year.

No person in the passenger area of a motor vehicle, driver or passenger, may possess an open alcoholic beverage container while the vehicle is on a highway or in a public parking area, and no one may drink alcohol on a highway, in a public parking area, or inside a vehicle there. The area behind the last upright seat of a vehicle without a trunk is not part of the passenger area, and passengers (not the driver) of a chartered limousine or bus are exempt. The section sets no specific penalty, so a violation is a Rules of the Road traffic infraction with a fine of up to $100 for a first offense.

A minor under 21 may not consume, possess or physically control alcohol in public places, on public property or in a vehicle, except in a religious ceremony or at home. For ages 19 and 20 it is a Class III misdemeanor (up to three months and $500); for 18 and younger it is a Class III misdemeanor and the court may impound the driver's license (or bar getting one) for 30 days on a first offense, 90 days on a second and 12 months on a third, with alcohol education and community service. A person who calls for help for a possible alcohol overdose is exempt. Misrepresenting age to get alcohol is a Class III misdemeanor, and making or altering an ID to sell to someone under 21 is a Class I misdemeanor.

Driving while the license is revoked or impounded after a conviction, or while under a court order not to drive, is a Class II misdemeanor (up to six months and $1,000) for a first, second or third offense, and a Class I misdemeanor for a fourth or later; the court must add a one-year (first offense) or two-year (repeat) driving ban and revocation. Driving while the license is merely suspended, or after revocation or impoundment ends but before getting it back, is a Class III misdemeanor (up to three months and $500), with a possible one-year driving ban, but only a fine up to $100 if the person shows proof of reinstatement at sentencing.

A Nebraska resident may not drive on the state's roads or alleys without first obtaining an operator's license. The licensing section sets no specific penalty, so the general penalty for violating the Motor Vehicle Operator's License Act applies: a Class III misdemeanor (up to three months and $500).

Nebraska's concealed-weapon ban now applies only to minors (under 21, with exceptions for military members and officers) and prohibited persons: carrying a concealed knife, handgun, brass knuckles or other deadly weapon is a Class I misdemeanor for a first offense and a Class IV felony for a repeat. A 'knife' is a dagger, dirk, knife or stiletto with a blade over three and one-half inches, or another cutting instrument, capable of causing death or serious injury as used or intended. No statewide ban on switchblades or other knife types was found in the weapons sections reviewed.

Only consumer fireworks may be possessed, sold or set off by the public (display fireworks require a license or permit). Retail sales are allowed only inside incorporated cities and villages, from June 24 to July 5 and December 28 to January 1, by licensed sellers. Throwing a firework from or into a vehicle, onto a street or sidewalk, at people or into a building is a Class III misdemeanor, and violating the fireworks sale and possession rules is also a Class III misdemeanor (up to three months and $500), with illegal fireworks subject to seizure.

Kidnapping (abducting someone, or continuing to restrain them, to hold for ransom, use as a shield or hostage, terrorize, commit a felony, or interfere with government) is a Class IA felony (life imprisonment). If the victim was voluntarily released alive in a safe place without serious bodily injury before trial, it is a Class II felony (1 to 50 years). False imprisonment in the first degree (restraint under terrorizing circumstances, with risk of serious bodily injury, or to hold someone in involuntary servitude) is a Class IIIA felony (up to 3 years plus 18 months of post-release supervision, and/or a $10,000 fine). False imprisonment in the second degree (knowingly restraining someone without legal authority) is a Class I misdemeanor (up to 1 year and/or $1,000).

Threatening to commit any crime of violence with intent to terrorize another person, with intent to cause the evacuation of a building, place of assembly or public transportation facility, or in reckless disregard of the risk of causing such terror or evacuation, is called terroristic threats. It is a Class IIIA felony, punishable by up to 3 years in prison plus 18 months of post-release supervision, a $10,000 fine, or both.

Stealing a car is charged as theft and graded by the car's value: $5,000 or more is a Class IIA felony (up to 20 years), $1,500 to under $5,000 a Class IV felony (up to 2 years plus 12 months of post-release supervision and/or $10,000). Joyriding (called unauthorized use of a propelled vehicle: intentionally operating someone else's car, motorcycle, motorboat, airplane or other motor vehicle without consent) is a Class III misdemeanor for a first offense, a Class I misdemeanor for a second, and a Class IV felony for a third or later offense. It is a defense that the person reasonably believed the owner would have agreed.

Receiving, keeping or disposing of stolen property knowing or believing it was stolen (unless meant to return it to the owner) is theft by receiving stolen property, graded by value. $500 or less is a Class II misdemeanor (up to 6 months and/or $1,000); more than $500 but less than $1,500 is a Class I misdemeanor (up to 1 year and/or $1,000); $1,500 to under $5,000 is a Class IV felony; $5,000 or more is a Class IIA felony (up to 20 years). Repeat convictions within 10 years can raise the lower tiers to a Class IV felony, and amounts from one scheme may be added together.

Nebraska created the crime of organized retail crime in 2025: stealing retail merchandise to resell it or trade it for something of value, organizing, financing or helping such theft, defeating anti-theft devices or fire exit alarms to commit it, conspiring to commit it, or buying or possessing merchandise for resale when a reasonable person would know it was stolen. It is graded by the combined retail value of all merchandise in the scheme: more than $500 but less than $1,500 is a Class I misdemeanor (a Class IV felony for a repeat within 10 years); $1,500 to under $5,000 is a Class IV felony; and $5,000 or more is a Class IIA felony (up to 20 years).

Manufacturing, distributing, delivering or possessing with intent to distribute a controlled substance is a Class II felony (1 to 50 years) for an 'exceptionally hazardous' Schedule I-III drug, a Class IIA felony (up to 20 years) for other Schedule I-III drugs, and a Class IIIA felony for Schedule IV or V drugs. Large amounts of cocaine, crack, heroin, methamphetamine or fentanyl carry mandatory minimums: 10 to under 28 grams is a Class ID felony (3 to 50 years, 3 mandatory), 28 to under 140 grams a Class IC felony (5 to 50 years, 5 mandatory), and 140 grams or more a Class IB felony (20 years to life). Selling to a minor or near a school, playground or youth center, or using a minor to deal, raises the offense to the next higher class.

Knowingly getting or trying to get a controlled substance by theft, misrepresentation, fraud, forgery, deception or subterfuge, possessing a false or forged prescription for a controlled substance, or giving a practitioner information in an effort to unlawfully get a controlled substance or a prescription for one (doctor shopping), is a Class IV felony. The penalty is up to 2 years in prison plus 12 months of post-release supervision, a $10,000 fine, or both.

Causing serious bodily injury to another person (or an unborn child) while driving under the influence of alcohol or drugs is a Class IIIA felony (up to 3 years plus 18 months of post-release supervision, and/or a $10,000 fine). The court must also bar the person from driving and revoke the license for at least 60 days and up to 15 years. 'Serious bodily injury' means injury involving a substantial risk of death or of serious permanent disfigurement, or loss or impairment of a body part or organ.

Driving on a highway in a race, speed competition, drag race, acceleration contest, endurance test, exhibition of speed or attempt to set a speed record, or participating in one in any way, is a Class II misdemeanor, punishable by up to 6 months in jail, a $1,000 fine, or both. The racing statute itself does not set a license suspension or vehicle forfeiture.

Being in actual physical control of a motorboat or personal watercraft under propulsion while under the influence of alcohol or drugs, or with a blood or breath alcohol concentration of .08 or more, is a crime. A first conviction is a Class II misdemeanor (up to 6 months and/or $1,000), and the court must bar the person from operating a motorboat or personal watercraft for 6 months (60 days if placed on probation). A conviction with a prior conviction is a Class I misdemeanor (up to 1 year and/or $1,000) with a 2-year operating ban.

A fraudulent insurance act includes knowingly presenting or helping prepare a claim with false or misleading material information, false statements about death or disability to get benefits, and converting premium money or insurer funds. Those acts are graded by amount: under $500, Class II misdemeanor; $500 to under $1,500, Class I misdemeanor (a Class IV felony for a repeat); $1,500 to under $5,000, Class IV felony; $5,000 or more, Class III felony (up to 4 years plus 2 years of post-release supervision, and/or $25,000). Issuing fake insurance cards or policies, false filings with the Department of Insurance, and misreporting employees to cut workers' compensation premiums are Class IV felonies; possessing fake insurance documents is a Class I misdemeanor.

Getting or trying to get public assistance (including SNAP/EBT benefits, cash assistance, Medicaid payments and other benefits run by the Department of Health and Human Services) by a willfully false statement, impersonation or other device is a crime graded by the total value: under $500, Class IV misdemeanor ($500 fine); $500 to under $1,500, Class III misdemeanor (up to 3 months and/or $500); $1,500 or more, Class IV felony. For unemployment benefits, a person who willfully fails to report earnings or falsifies facts forfeits benefit rights as an adjudicator decides and must repay the overpayment plus a 15% penalty; the department may levy wages if not repaid within 12 months.

Bribery means offering or giving a benefit to a public servant or peace officer to get them to violate their public duty in a vote, decision or other official action, or a public servant or officer asking for or accepting such a benefit. It is a Class IV felony (up to 2 years plus 12 months of post-release supervision, and/or $10,000). Commercial bribery (an employee, fiduciary, professional adviser, officer, union representative or arbitrator taking a benefit to violate a duty of loyalty, or someone offering it) is a Class I misdemeanor.

Willfully attempting in any way to evade Nebraska income tax or its payment is a Class IV felony, in addition to other penalties. Willfully signing an income tax return or document under penalty of perjury that one does not believe is true, or helping prepare a fraudulent one, is also a Class IV felony (up to 2 years plus 12 months of post-release supervision, and/or $10,000).

Sexual assault in the first degree (sexual penetration without consent, or of a person the actor knew or should have known could not resist or understand the conduct) is a Class II felony (1 to 50 years); a second conviction carries a mandatory minimum of 25 years. Sexual contact without consent is sexual assault in the second degree, a Class IIA felony (up to 20 years), if the actor caused serious personal injury, and otherwise sexual assault in the third degree, a Class I misdemeanor (up to 1 year). Age-based offenses are covered on the age-of-consent page.

Sexual assault of a child in the first degree (sexual penetration of a child under 12 by a person 19 or older, or of a child 12 to 15 by a person 25 or older) is a Class IB felony (20 years to life) with a mandatory minimum of 15 years, or 25 years for a repeat offender. Sexual contact with a child 14 or younger by a person 19 or older is sexual assault of a child in the second degree, a Class II felony (1 to 50 years), if it causes serious personal injury, and otherwise third degree, a Class IIIA felony (up to 3 years); with a prior sex-assault conviction either becomes a Class IC felony (5 to 50 years), with a 25-year mandatory minimum for the second-degree offense.

Nebraska's Child Sexual Abuse Material Prevention Act (2025) covers this. A person 19 or older who knowingly possesses or receives child sexual abuse material commits a Class IIA felony (up to 20 years); for someone under 19 it is a Class I misdemeanor (Class IV felony for a repeat), with narrow defenses for consensual images between teens. Possessing it with intent to distribute is a Class II felony (1 to 50 years) for an adult 19 or older. Making, distributing or selling it, or causing a child to appear in it, is a Class ID felony (3 to 50 years, 3-year mandatory minimum) for an adult. With a prior covered conviction, each offense is a Class IC felony (5 to 50 years, 5-year mandatory minimum).

Knowingly using a phone, computer or other electronic communication device to solicit, coax, entice or lure a child 16 or younger (or a peace officer believed to be one) to engage in a sexual assault is a Class ID felony (3 to 50 years, 3-year mandatory minimum). If the person has a prior conviction for a covered offense, it is a Class IC felony (5 to 50 years, 5-year mandatory minimum).

People convicted of registrable sex offenses must register under the Sex Offender Registration Act during any supervised release, probation or parole and then for a set period after discharge or release: 15 years if the offense was punishable by up to one year, 25 years if punishable by more than one year, and life for an aggravated offense, a prior sex offense conviction, or lifetime registrants from other jurisdictions. A 15-year registrant with a clean record and completed treatment may ask the State Patrol to cut the period to 10 years. Violating the act is a Class IIIA felony (up to 3 years); a second violation is a Class IIA felony (up to 20 years) with a one-year mandatory minimum, unless the original registrable offense was a misdemeanor.

A person previously convicted of a felony in any U.S. court may not possess a firearm, a knife or brass knuckles (the ban also covers fugitives, people knowingly violating a protection order, people on deferred-judgment probation for a felony, and, for firearms, people convicted of misdemeanor domestic violence within seven years). Possessing a firearm is a Class ID felony (3 to 50 years, 3-year mandatory minimum) for a first offense and a Class IB felony (20 years to life) for a second; possessing another deadly weapon is a Class III felony (up to 4 years). Archery equipment, and hunting knives with a recreational license, are allowed.

Nebraska's computer crime laws punish accessing a computer without authorization or beyond authorization. Accessing without authority is a Class V misdemeanor (Class II for a repeat). Using such access to obtain or deprive someone of property or services, or to alter, delete or destroy data, disrupt a system, or spread a destructive program, is graded by value: under $500 a Class II misdemeanor, $500 to $1,499 a Class I misdemeanor, $1,500 to $4,999 a Class IV felony (up to 2 years), and $5,000 or more a Class III felony (up to 4 years). Penetrating a computer security system is a Class II misdemeanor if it compromises data, a Class I misdemeanor if it risks public health and safety, and a Class IV felony if it creates a grave risk of death.

Nebraska is a one-party consent state: it is not unlawful for a person who is a party to a phone, electronic or in-person conversation, or who has the prior consent of one party, to intercept or record it, unless it is done to commit a criminal or tortious act. Otherwise, intentionally intercepting such a communication, or knowingly disclosing or using illegally intercepted contents, is a Class IV felony (up to 2 years).

False reporting is a Class I misdemeanor (up to 1 year and $1,000). It covers knowingly giving false material information to police to start or impede a criminal investigation, falsely reporting an emergency or need for emergency medical or fire assistance, and giving false information about the location of an explosive. Giving false information to another government agency that actually causes or impedes an investigation is an infraction.

Yes. When certain listed crimes (including manslaughter, assault, terroristic threats, stalking, kidnapping, false imprisonment, sexual assault, arson, criminal mischief, graffiti and criminal trespass) are committed against a person or property because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability, or because of association with such a person, the crime is punished at the next higher penalty class, unless it is already a Class IB felony or higher.

For technical or substance-abuse violations, parole officers use graduated sanctions, the most severe being 30 days in a correctional or contract facility instead of revocation. A parolee charged with a violation is entitled to a hearing before the Board of Parole within 30 days of the officer's written report, with rights to be present, testify, present witnesses and, in some cases, counsel. If the board finds criminal conduct it may revoke parole; for other violations it may reprimand, intensify supervision, forfeit good time, impose up to 30 days of custody (60 days total), or add conditions. A revoked parolee returns to prison until mandatory discharge or reparole.

Knowingly violating a domestic abuse or sexual assault protection order (or a recognized foreign one) after service or notice is a Class I misdemeanor (up to 1 year) for a first offense, a Class IV felony (up to 2 years) for a second, a Class IIIA felony (up to 3 years) for a third, and a Class IIA felony (up to 20 years) for a fourth or later. Violating a harassment protection order is a Class II misdemeanor (up to 6 months), and a Class I misdemeanor for a repeat. The petitioner cannot be charged with violating the order.

Nebraska relies mainly on prosecutor choice of court with transfer back. A juvenile who was 14 to 17 and is accused of a Class I, IA, IB, IC, ID, II or IIA felony may be charged in adult (county or district) court. The juvenile may then move within 30 days of arraignment to transfer the case to juvenile court; the court must hold a hearing within 15 days and transfer the case unless there is a sound basis to keep it, weighing factors such as violence, the juvenile's age, history, amenability to treatment, public safety and best interests. Juvenile court otherwise has jurisdiction over law violations by children 11 and older.

Nebraska has the death penalty in law. First-degree murder (premeditated killing, felony murder during first-degree sexual assault, arson, robbery, kidnapping, hijacking or burglary, killing by poison, or causing an innocent person's execution by perjury) is punished either as a Class I felony (death) or a Class IA felony (life imprisonment), decided under the death-penalty sentencing procedures in §§ 29-2519 to 29-2524. The 2015 law that repealed the death penalty was reversed by the voters in the November 2016 referendum. The statute sets the method as intravenous injection of a substance or substances in a quantity sufficient to cause death, under a Department of Correctional Services protocol.

In Nebraska, a person convicted of a felony cannot vote or register until the sentence is completed, including any parole term; the disqualification is then removed automatically, with no waiting period or application. The current wording comes from LB 20 (Laws 2024). A conviction for treason bars voting unless civil rights are restored. Court clerks report felony convictions to election officials so the person's registration is removed.

Nebraska splits restoration. Voting comes back automatically when the sentence, including parole, is complete. Serving on a jury and holding public office are not restored automatically: a person sentenced for a felony cannot be a juror or hold an office of honor, trust or profit unless the Board of Pardons issues a 'warrant of discharge,' which restores the civil rights the Board lists. For people not sentenced to a state prison, the Board issues the warrant of discharge after the sentencing court certifies that the judgment and sentence were satisfied. Possessing a firearm after a felony conviction is a Class ID felony (Class IB for a repeat), and that section contains no restoration procedure.

Nebraska's habitual criminal law applies to someone convicted of a new felony who has twice before been convicted, sentenced and sent to prison for terms of at least one year each. The sentence is a mandatory minimum of 10 years and a maximum of 60 years. If the new felony and at least one prior are serious violent or sexual offenses listed in the statute (including first- and second-degree murder, first-degree assault, first-degree sexual assault and first-degree assault on an officer), the mandatory minimum is 25 years. If the new felony and all priors are simple drug possession or theft offenses, the range is a 3-year mandatory minimum to 20 years. Habitual-criminal status must be charged and proven at a separate hearing.

Nebraska statutes read do not set up a licensing or age system for delta-8 or other hemp-derived THC. Hemp (no more than 0.3% delta-9 THC on a dry weight basis) is an agricultural commodity and is not a controlled substance, but Schedule I covers tetrahydrocannabinols, including 'synthetic equivalents' and synthetic derivatives with similar structure and effect. The Attorney General treats synthetically produced THC products as unlawful: in an April 17, 2025 release he announced cease-and-desist letters and lawsuits against stores selling 'illegal or unlawful synthetic THC' and mislabeled products. A bill to ban most consumable hemp THC products (LB 316) was debated in 2025 and 2026.

Psilocybin is a Schedule I hallucinogen in Nebraska (an FDA-approved crystalline polymorph psilocybin drug is excluded). Possessing it, like any controlled substance other than marijuana, is a Class IV felony, punishable by up to 2 years in prison plus 12 months of post-release supervision and/or a $10,000 fine.

Kratom is legal for adults in Nebraska and regulated by the Kratom Consumer Protection Act (LB 230, 2025). No one may sell or give a kratom product to a person under 21, online sellers must verify age, and products may not be shaped or packaged to attract children. A lawful 'kratom product' may not contain synthesized kratom alkaloids or more than 2% 7-hydroxymitragynine in its alkaloid content, and may not be smokable, vapable or injectable; products that fail these limits are 'adulterated' and may not be sold. Products must be made in FDA-registered facilities, carry warning labels, and be registered with the Department of Revenue (program start on or before January 1, 2026). Processors and retailers face civil penalties of up to $1,000 for a first violation, up to $5,000 for a second, and $5,000 to $20,000 after that, and cities and counties may not add stricter rules.

Hemp, including its extracts and cannabinoids such as CBD, is legal in Nebraska if it has no more than 0.3% delta-9 THC on a dry weight basis; the law says hemp is an agricultural commodity and not a controlled substance, and 'marijuana' does not include hemp or CBD in an FDA-approved drug. Resins extracted from hemp held as allowed under the Nebraska Hemp Farming Act are not treated as hashish. The statutes read set no age limit or labeling rule specific to CBD.

The minimum age to buy tobacco and vaping products in Nebraska is 21. Selling or giving tobacco, cigarettes, e-cigarettes (electronic nicotine delivery systems) or alternative nicotine products to anyone under 21 is a Class III misdemeanor for each offense. A person under 21 who smokes, vapes or uses tobacco commits a Class V misdemeanor ($100 fine), as does someone under 21 who lies about age to buy these products; a minor charged with use can avoid prosecution by giving evidence against the seller.

Nebraska protects 'senior adults' (65 or older) and 'vulnerable adults' (18 or older with a substantial mental or functional impairment, or with a court-appointed guardian or conservator). Knowingly and intentionally causing or permitting such a person to be physically injured, unreasonably confined, sexually abused, exploited, cruelly punished, neglected or sexually exploited is a Class IIIA felony (up to 3 years plus post-release supervision and/or $10,000). 'Exploitation' means wrongfully taking or using the person's money or property through undue influence, deception, extortion, intimidation, isolation or breach of a fiduciary duty, including by a guardian, conservator or agent under a power of attorney.

Nebraska calls peeping 'unlawful intrusion.' Knowingly intruding on someone without consent in a place of solitude or seclusion is a Class I misdemeanor, and a Class IV felony for a repeat. Secretly photographing or recording someone's intimate area that is not generally visible, in a public or private place, is a Class IV felony; distributing such a recording is a Class IIA felony (Class II for a third or later violation). If the offender was 19 or older and the victim under 18, a conviction under the intrusion, recording or distribution subsections requires sex-offender registration.

Nebraska has separate felonies for assaulting a peace officer, probation officer, firefighter, emergency care provider, corrections employee or on-duty hospital or clinic health care professional while on duty. Intentionally or knowingly causing serious bodily injury is first-degree assault on an officer, a Class ID felony (3 to 50 years); causing bodily injury with a dangerous instrument is second-degree, a Class II felony (1 to 50 years); intentionally, knowingly or recklessly causing any bodily injury is third-degree, a Class IIIA felony (up to 3 years); and injuring one by running into them or their vehicle with a motor vehicle is a Class IIIA felony. By comparison, ordinary third-degree assault causing bodily injury is a Class I misdemeanor (up to 1 year).