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Hate Crime Laws in Nebraska

How Nebraska law treats hate crimes: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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… Neb. Rev. Stat. § 28-111

Hate crimesYes. 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.
Class ranges (Neb. Rev. IC 5-50 years (5 mandatory minimum); ID 3-50 years (3 mandatory minimum); II 1-50 years; IIA up to 20 years; III up to 4 years; IIIA up to 3 years; IV up to 2 years; Class I misdemeanor up to 1 year and $1,000; Class II up to 6 months and $1,000; Class V fine up to $100.

More Nebraska criminal law

FAQ

Does Nebraska have a hate crime law?
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.
Can I get a court-appointed lawyer for hate crimes in Nebraska?
Nebraska's rule on court-appointed lawyers: '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). Neb. Rev. Stat. §§ 29-3901, 29-3903
How much does a lawyer for hate crimes cost in Nebraska?
Lawyers set their own fees, and Nebraska has rules on how they may charge. See hiring a criminal defense lawyer in Nebraska for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for hate crimes in Nebraska?
How release before trial works in Nebraska: '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)). Neb. Rev. Stat. § 29-901 What happens after an arrest.
Can a conviction for hate crimes be removed from my record in Nebraska?
Each state sets its own rules for sealing or expunging records. See Nebraska expungement and record sealing rules.

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.