reglab/housing_qa huggingface dataset:
NE Code § 28-1356 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1356 - Violation; penalty.

28-1356.  Violation; penalty.(1) A person who violates section 28-1355 shall be guilty of a Class III felony; however, such person shall be guilty of a Class IB felony if the violation is based upon racketeering activity which is punishable as a Class I, IA, or IB felony.(2) In lieu of the fine authorized by section 28-105, any person convicted of engaging in conduct in violation of section 28-1355, through which pecuniary value was derived, or by which personal injury or property damage or other loss was caused, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred. Any fine collected under this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 2009, LB155, § 6;  Laws 2015, LB268, § 10;   Referendum 2016, No. 426.   Note: The changes made to section 28-1356 by Laws 2015, LB 268, section 10, have been omitted because of the vote on the referendum at the November 2016 general election.
NE Code § 28-1357 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1357 - Sale of novelty lighter without child safety feature; penalty.

28-1357.  Sale of novelty lighter without child safety feature; penalty.(1) For purposes of this section:(a) Novelty lighter means a mechanical or electrical device that is typically used for lighting cigarettes, cigars, or pipes, that has only one button or function, and that (i) is designed to resemble a cartoon character, a toy, a gun, a watch, a musical instrument, a vehicle, an animal, a food or beverage container, or a similar item, (ii) plays musical notes, or (iii) has flashing lights; and(b) Novelty lighter does not include:(i) A lighter manufactured prior to January 1, 1980;(ii) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or(iii) A standard disposable or refillable lighter that is printed or decorated with a logo, label, decal, artwork, or heat shrinkable sleeve.(2) It shall be unlawful to sell at retail, offer for retail sale, or distribute for retail sale or promotion in this state a novelty lighter manufactured on or after July 18, 2014, without a child safety feature.(3) Any person who violates this section shall be guilty of a Class IV misdemeanor.(4) This section does not apply to the transportation of novelty lighters through the state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.Source Laws 2014, LB403, § 2.
NE Code § 28-1401 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1401 - Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat.

28-1401.  Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat.To further implement the provisions of Article XV, section 5, of the Constitution of Nebraska, the Legislature herewith provides that the people of the state shall have access by boat to any cutoff, chute, backwater, or bayou connected with any navigable stream located in the State of Nebraska, but that nothing in this section shall serve to allow trespass upon the lands of any person.Source   Laws 1974, LB 565, § 1;   R.R.S.1943, § 28-589.03, (1975).
NE Code § 28-1406 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1406 - Terms, defined.

28-1406.  Terms, defined.As used in sections 28-1406 to 28-1416, unless the context otherwise requires:(1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status; not amounting to a privilege to use the force;(2) Assent shall mean consent, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm;(3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force;(4) Actor shall mean any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions;(5) Dwelling shall mean any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging; and(6) Public officer shall mean any elected or appointed officer or employee of the State of Nebraska or its political subdivisions, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions.Source   Laws 1972, LB 895, § 1;   Laws 1972, LB 1278, § 2;   R.R.S.1943, § 28-833, (1975). Annotations Justification, otherwise known as the choice of evils, is an affirmative defense. State v. Wells, 257 Neb. 332, 598 N.W.2d 30 (1999).
NE Code § 28-1408 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1408 - Public duty; execution.

28-1408.  Public duty; execution.(1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by:(a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;(b) The law governing the execution of legal process;(c) The judgment or order of a competent court or tribunal;(d) The law governing the armed services or the lawful conduct of war; or(e) Any other provision of law imposing a public duty.(2) Sections 28-1409 to 28-1416 shall apply to:(a) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and(b) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.(3) The justification afforded by subsection (1) of this section shall apply:(a) When the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and(b) When the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.Source   Laws 1972, LB 895, § 3;   R.R.S.1943, § 28-835, (1975).  Annotations While the violation of department policy may be evidence that the degree or nature of force used was unlawful, section 28-1413 ultimately requires the court to make a determination that the force used was not forbidden by this section or section 28-1409. State v. Jackson, 26 Neb. App. 727, 923 N.W.2d 97 (2019).
NE Code § 28-1410 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1410 - Use of force for protection of other persons.

28-1410.  Use of force for protection of other persons.(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:(a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;(b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and(c) The actor believes that his intervention is necessary for the protection of such other person.(2) Notwithstanding subsection (1) of this section:(a) When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;(b) When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and(c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.Source   Laws 1972, LB 895, § 5;   R.R.S.1943, § 28-837, (1975).
NE Code § 28-1414 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1414 - Mistake of law; reckless or negligent use of force.

28-1414.  Mistake of law; reckless or negligent use of force.(1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when:(a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and(b) His error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the legality of an arrest or search.(2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 28-1408 to 28-1413 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.(3) When the actor is justified under sections 28-1408 to 28-1413 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.Source   Laws 1972, LB 895, § 9;   R.R.S.1943, § 28-841, (1975).
NE Code § 28-1415 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1415 - Justification in property crimes.

28-1415.  Justification in property crimes.Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:(1) Sections 28-1406 to 28-1416 or the law defining the offense deals with the specific situation involved; or(2) A legislative purpose to exclude the justification claimed otherwise plainly appears.Source   Laws 1972, LB 895, § 10;   R.R.S.1943, § 28-842, (1975).
NE Code § 28-1416 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1416 - Justification an affirmative defense; available in certain civil actions.

28-1416.  Justification an affirmative defense; available in certain civil actions.(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.Source   Laws 1972, LB 895, § 11;   R.R.S.1943, § 28-843, (1975);  Laws 2012, LB804, § 1.
NE Code § 28-1417 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1417 - Transferred to section 13-1801.

28-1417.  Transferred to section 13-1801.
NE Code § 28-1418 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1418 - Tobacco; electronic nicotine delivery systems; alternative nicotine products; use by person under age of twenty-one years; penalty.

28-1418.  Tobacco; electronic nicotine delivery systems; alternative nicotine products; use by person under age of twenty-one years; penalty.Whoever, being a person under the age of twenty-one years, shall smoke cigarettes or cigars, use electronic nicotine delivery systems or alternative nicotine products, or use tobacco in any form whatever, in this state, shall be guilty of a Class V misdemeanor. Any person charged with a violation of this section may be free from prosecution if he or she furnishes evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco.Source   Laws 1911, c. 181, §§ 1, 2, 3, p. 561;   R.S.1913, § 8846;   C.S.1922, § 9847;   C.S.1929, § 28-1021;   R.S.1943, § 28-1020;   Laws 1977, LB 40, § 103;   R.R.S.1943, § 28-1020, (1975);  Laws 2014, LB863, § 16;  Laws 2019, LB149, § 1;  Laws 2019, LB397, § 1;  Laws 2020, LB1064, § 1.
NE Code § 28-1419 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1419 - Tobacco; electronic nicotine delivery systems; alternative nicotine products; certain sales; penalty; compliance determination; assistance authorized; conditions.

28-1419.  Tobacco; electronic nicotine delivery systems; alternative nicotine products; certain sales; penalty; compliance determination; assistance authorized; conditions.(1) Whoever shall sell, give, or furnish, in any way, any tobacco in any form whatever, or any cigars, cigarettes, cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under twenty-one years of age, is guilty of a Class III misdemeanor for each offense.(2)(a) In order to further the public policy of deterring licensees or other persons from violating subsection (1) of this section, a person who is at least fifteen years of age but under twenty-one years of age may assist a peace officer in determining compliance with such subsection if:(i) The parent or legal guardian of the person has given written consent for the person to participate in such compliance check if such person is under nineteen years of age;(ii) The person is an employee, a volunteer, or an intern with a state or local law enforcement agency;(iii) The person is acting within the scope of his or her assigned duties as part of a law enforcement investigation;(iv) The person does not use or consume a tobacco product as part of such duties; and(v) The person is not actively assigned to a diversion program, is not a party to a pending criminal proceeding or a proceeding pending under the Nebraska Juvenile Code, and is not on probation.(b) Any person under the age of twenty-one years acting in accordance with and under the authority of this subsection shall not be in violation of section 28-1427.Source   Laws 1885, c. 105, §§ 1, 2, p. 394;   Laws 1903, c. 138, § 1, p. 643;   R.S.1913, § 8847;   C.S.1922, § 9848;   C.S.1929, § 28-1022;   R.S.1943, § 28-1021;   Laws 1977, LB 40, § 104;   R.R.S.1943, § 28-1021, (1975);  Laws 2014, LB863, § 18;  Laws 2019, LB149, § 3;  Laws 2019, LB397, § 3;  Laws 2020, LB1064, § 3.  Cross References   Nebraska Juvenile Code, see section 43-2,129.
NE Code § 28-1420 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1420 - License requisite for sale; violation; penalty.

28-1420.  License requisite for sale; violation; penalty.It shall be unlawful for any person, partnership, limited liability company, or corporation to sell, keep for sale, or give away in course of trade, any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material to anyone without first obtaining a license as provided in sections 28-1421 and 28-1422. It shall also be unlawful for any wholesaler to sell or deliver any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material to any person, partnership, limited liability company, or corporation who, at the time of such sale or delivery, is not the recipient of a valid tobacco license for the current year to retail the same as provided in such sections. It shall also be unlawful for any person, partnership, limited liability company, or corporation to purchase or receive, for purposes of resale, any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material if such person, partnership, limited liability company, or corporation is not the recipient of a valid tobacco license to retail such tobacco products at the time the same are purchased or received. Whoever shall be found guilty of violating this section shall be guilty of a Class III misdemeanor for each offense.Source   Laws 1919, c. 180, § 1, p. 401;   C.S.1922, § 9849;   C.S.1929, § 28-1023;   Laws 1941, c. 50, § 1, p. 242;   C.S.Supp.,1941, § 28-1023;   R.S.1943, § 28-1022;   Laws 1977, LB 40, § 105;   R.R.S.1943, § 28-1022, (1975);   Laws 1993, LB 121, § 187;  Laws 2019, LB149, § 4;  Laws 2019, LB397, § 4.
NE Code § 28-1421 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1421 - License; where obtained; prohibited sales.

28-1421.  License; where obtained; prohibited sales.Licenses for the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material to persons twenty-one years of age or over shall be issued to individuals, partnerships, limited liability companies, and corporations by the clerk or finance director of any city or village and by the county clerk of any county upon application duly made as provided in section 28-1422. The sale of cigarettes or cigarette materials that contain perfumes or drugs in any form is prohibited and is not licensed by the provisions of this section. Only cigarettes and cigarette material containing pure white paper and pure tobacco shall be licensed.Source   Laws 1919, c. 180, § 2, p. 401;   C.S.1922, § 9850;   C.S.1929, § 28-1024;   R.S.1943, § 28-1023;   Laws 1961, c. 128, § 1, p. 379;   R.R.S.1943, § 28-1023, (1975);   Laws 1993, LB 121, § 188;  Laws 2019, LB149, § 5;  Laws 2019, LB397, § 5;  Laws 2020, LB1064, § 4.
NE Code § 28-1422 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1422 - License for sale of tobacco; application; contents.

28-1422.  License for sale of tobacco; application; contents.Every person, partnership, limited liability company, or corporation desiring a license under sections 28-1420 to 28-1429 shall file with the clerk or finance department of the city, town, or village where his, her, their, or its place of business is located, if within the limits of a city, town, or village or with the clerk of the county where such place of business is located if outside the limits of any city, town, or village a written application stating the name of the person, partnership, limited liability company, or corporation for whom such license is desired and the exact location of the place of business and shall deposit with such application the amount of the license fee provided in section 28-1423. If the applicant is an individual, the application shall include the applicant's social security number.Source   Laws 1919, c. 180, § 3, p. 401;   C.S.1922, § 9851;   C.S.1929, § 28-1025;   R.S.1943, § 28-1024;   Laws 1961, c. 128, § 2, p. 379;   R.R.S.1943, § 28-1024, (1975);   Laws 1993, LB 121, § 189;   Laws 1997, LB 752, § 85.
NE Code § 28-1423 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1423 - License; term; fees; false swearing; penalty.

28-1423.  License; term; fees; false swearing; penalty.The term for which such license shall run shall be from the date of filing such application and paying such license fee to and including December 31 of the calendar year in which application for such license is made, and the license fee for any person, partnership, limited liability company, or corporation selling at retail shall be twenty-five dollars in cities of the metropolitan class, fifteen dollars in cities of the primary and first classes, and ten dollars in cities of all other classes and in towns and villages and in locations outside of the limits of cities, towns, and villages. Any person, partnership, limited liability company, or corporation selling annually in the aggregate more than one hundred fifty thousand cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco in any form, at wholesale, shall pay a license fee of one hundred dollars, and if such combined annual sales amount to less than one hundred fifty thousand cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco, the annual license fee shall be fifteen dollars. No wholesaler's license shall be issued in any year on a less basis than one hundred dollars per annum unless the applicant for the same shall file with such application a statement duly sworn to by himself or herself, or if applicant is a partnership, by a member of the firm, or if a limited liability company, by a member or manager of the company, or if a corporation, by an officer or manager thereof, that in the past such wholesaler's combined sales of cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco in every form have not exceeded in the aggregate one hundred fifty thousand annually, and that such sales will not exceed such aggregate amount for the current year for which the license is to issue. Any person swearing falsely in such affidavit shall be guilty of perjury and upon conviction thereof shall be punished as provided by section 28-915 and such wholesaler's license shall be revoked until the full license fee is paid. If application for license is made after July 1 of any calendar year, the fee shall be one-half of the fee provided in this section.Source   Laws 1919, c. 180, § 4, p. 402;   C.S.1922, § 9852;   Laws 1923, c. 136, § 1, p. 335;   Laws 1927, c. 198, § 1, p. 565;   C.S.1929, § 28-1026;   R.S.1943, § 28-1025;   Laws 1978, LB 748, § 20;   R.R.S.1943, § 28-1025, (1975);   Laws 1993, LB 121, § 190;  Laws 2019, LB149, § 6;  Laws 2019, LB397, § 6.
NE Code § 28-1424 (2021)
2021 Nebraska Revised Statutes|Chapter 28 - Crimes and Punishments|28-1424 - License; rights of licensee.

28-1424.  License; rights of licensee.The license provided for in sections 28-1421 and 28-1422 shall, when issued, authorize the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material by the licensee and employees, to persons twenty-one years of age or over, at the place of business described in such license for the term therein authorized, unless the license is forfeited as provided in section 28-1425.Source   Laws 1919, c. 180, § 5, p. 402;   C.S.1922, § 9853;   C.S.1929, § 28-1027;   R.S.1943, § 28-1026;   Laws 1957, c. 100, § 2, p. 359;   R.R.S.1943, § 28-1026, (1975);  Laws 2019, LB149, § 7;  Laws 2019, LB397, § 7;  Laws 2020, LB1064, § 5.