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Three Strikes and Habitual Offender Laws in Nebraska

How Nebraska law treats three strikes and habitual offender laws, from the state code and official state agencies.

Short answer: 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. Neb. Rev. Stat. § 29-2221(1)-(2)

Three strikes and habitual offender lawsNebraska'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.
Listed sections in § 29-2221(1)(a): 28-303, 28-304, 28-308, 28-313, 28-319, 28-319.01, 28-502, 28-929, 28-1222; offenses under 28-313, 28-319.01, 28-502 and 28-1222 were not separately checked.
Source: Neb. Rev. Stat. § 29-2221(1)-(2)

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FAQ

Does Nebraska have a three strikes law?
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.

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.