The Death Penalty in Nebraska

How Nebraska law treats death penalty, from the state code and official state agencies.

Short answer: 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… Neb. Rev. Stat. §§ 28-303, 28-105, 83-964

Death penalty	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 The 2015 law that repealed the death penalty was reversed by the voters in the November 2016 referendum.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. Method: https://nebraskalegislature.gov/laws/statutes.php?statute=83-964. Class penalties from Neb. Rev. Stat. §§ 28-105, 28-106 (Class I felony death; IA life; IB 20 years-life; ID 3-50 years; II 1-50 years; IIA up to 20 years; IIIA up to 3 years plus 18 months post-release supervision and/or $10,000; IV up to 2 years plus 12 months post-release supervision and/or $10,000; Class I misdemeanor up to 1 year and/or $1,000; Class III misdemeanor up to 3 months and/or $500; Class V misdemeanor $100 fine). Source: Neb. Rev. Stat. §§ 28-303, 28-105, 83-964

Death penalty

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 The 2015 law that repealed the death penalty was reversed by the voters in the November 2016 referendum.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.

Method: https://nebraskalegislature.gov/laws/statutes.php?statute=83-964. Class penalties from Neb. Rev. Stat. §§ 28-105, 28-106 (Class I felony death; IA life; IB 20 years-life; ID 3-50 years; II 1-50 years; IIA up to 20 years; IIIA up to 3 years plus 18 months post-release supervision and/or $10,000; IV up to 2 years plus 12 months post-release supervision and/or $10,000; Class I misdemeanor up to 1 year and/or $1,000; Class III misdemeanor up to 3 months and/or $500; Class V misdemeanor $100 fine).

Source: Neb. Rev. Stat. §§ 28-303, 28-105, 83-964

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FAQ

Does Nebraska have the death penalty?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.