reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1701 - Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.

28-1701.
Witness or victim of sexual assault; eligible alcohol or drug offense; immunity from arrest or prosecution; conditions.
(1) A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if such person witnessed or was the victim of a sexual assault and such person:
(a) Either:
(i) In good faith, reported such sexual assault to law enforcement; or
(ii) Requested emergency medical assistance for the victim of the sexual assault; and
(b) Evidence supporting the arrest or prosecution of the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting such sexual assault to law enforcement or requesting emergency medical assistance.
(2) A person shall not be arrested or prosecuted for an eligible alcohol or drug offense if:
(a) Evidence supporting the arrest or prosecution of the person for the offense was obtained or discovered as a result of the investigation or prosecution of a sexual assault; and
(b) Such person cooperates with law enforcement in the investigation or prosecution of the sexual assault.
(3) For purposes of this section:
(a) Eligible alcohol or drug offense means:
(i) A violation of subsection (3) or (13) of section 28-416 or of section 28-441;
(ii) A violation of section 53-180.02 committed by a person older than eighteen years of age and under the age of twenty-one years, as described in subdivision (4)(a) of section 53-180.05;
(iii) A violation of a city or village ordinance similar to subdivision (3)(a)(i) or (ii) of this section; or
(iv) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses in subdivision (3)(a)(i), (ii), or (iii) of this section as the underlying offense; and
(b) Sexual assault means:
(i) A violation of section 28-316.01, 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1463.03, sex trafficking or sex trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707; or
(ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses listed in subdivision (3)(b)(i) of this section as the underlying offense.
Source
Laws 2022, LB519, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-101 - Terms, usage.

29-101.
Terms, usage.
Unless otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural and the plural the singular. The term writing includes printing. The term oath includes an affirmation.
Source
G.S.1873, c. 58, § 246, p. 781;
R.S.1913, § 8901;
C.S.1922, § 9922;
C.S.1929, § 29-101;
R.S.1943, § 29-101.
Annotations
In construction of criminal code, singular number includes the plural. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-103 - Magistrate, defined.

29-103.
Magistrate, defined.
The term magistrate in this code, when not otherwise expressly stated, shall mean a judge of the county court or clerk magistrate.
Source
G.S.1873, c. 58, § 248, p. 782;
R.S.1913, § 8903;
C.S.1922, § 9924;
C.S.1929, § 29-103;
R.S.1943, § 29-103;
Laws 1972, LB 1032, § 161;
Laws 1984, LB 13, § 47;
Laws 1986, LB 529, § 27.
Annotations
District judge is not included. Binfield v. State, 15 Neb. 484, 19 N.W. 607 (1884).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-104 - Prosecuting attorney, defined.

29-104.
Prosecuting attorney, defined.
The term prosecuting attorney means any county attorney or city attorney or assistant city attorney when such attorney is prosecuting any violation designated as a misdemeanor or traffic infraction.
Source
G.S.1873, c. 58, § 249, p. 782;
R.S.1913, § 8904;
C.S.1922, § 9925;
C.S.1929, § 29-104;
R.S.1943, § 29-104;
Laws 1975, LB 168, § 1;
Laws 1998, LB 218, § 8.
Annotations
City prosecutor in a city of metropolitan class who is also a deputy county attorney is a "prosecuting attorney" within this section. State v. Kolosseus, 198 Neb. 404, 253 N.W.2d 157 (1977).
Assistant attorney general is agent of Attorney General, and official acts must be performed in name of his principal. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-105 - Code; general and special provisions.

29-105.
Code; general and special provisions.
In the construction of this code each general provision shall be controlled by a special provision on the same subject, if there is a conflict.
Source
G.S.1873, c. 58, § 250, p. 782;
R.S.1913, § 8905;
C.S.1922, § 9926;
C.S.1929, § 29-105;
R.S.1943, § 29-105.
Annotations
Penal statute applies only to persons clearly within its terms. State v. Dailey, 76 Neb. 770, 107 N.W. 1094 (1906).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-106 - Code and other law; construe according to plain import of language.

29-106.
Code and other law; construe according to plain import of language.
This code and every other law upon the subject of crime which may be enacted shall be construed according to the plain import of the language in which it is written, without regard to the distinction usually made between the construction of penal laws and laws upon other subjects, and no person shall be punished for an offense which is not made penal by the plain import of the words, upon pretense that he has offended against its spirit.
Source
G.S.1873, c. 58, § 251, p. 782;
R.S.1913, § 8906;
C.S.1922, § 9927;
C.S.1929, § 29-106;
R.S.1943, § 29-106.
Annotations
1. Construction
2. Miscellaneous
1. Construction
Penal statutes are inelastic, must be strictly construed, and are never extended by implication. Macomber v. State, 137 Neb. 882, 291 N.W. 674 (1940).
Railway car is a "building." Hardin v. State, 92 Neb. 298, 138 N.W. 146 (1912).
Where statute is adopted from another state, construction by courts of that state is ordinarily followed. State v. Martin, 87 Neb. 529, 127 N.W. 896 (1910).
There are no common law crimes in this state; common law definitions may be resorted to only where statute designates crimes in general terms. Kinnan v. State, 86 Neb. 234, 125 N.W. 594 (1910).
Language, capable of two constructions, is not construed to make an otherwise innocent act criminal. Gilbert v. State, 78 Neb. 636, 112 N.W. 293 (1907).
In construing a statute, words should be given usual meaning. State v. Byrum, 60 Neb. 384, 83 N.W. 207 (1900).
Violation of the very letter of law is essential to convict. Bailey v. State, 57 Neb. 706, 78 N.W. 284 (1899).
Statute providing how penalty, previously created, may be recovered is not penal and need not be strictly construed. Albion Nat. Bank v. Montgomery, 54 Neb. 681, 74 N.W. 1102 (1898).
2. Miscellaneous
Where defendant requested instruction reciting statute, he could not complain. Lovings v. State, 158 Neb. 134, 62 N.W.2d 672 (1954).
Prosecution for violation of city ordinance is civil proceeding when offense is not made crime by statute. Peterson v. State, 79 Neb. 132, 112 N.W. 306 (1907).
There can be no punishment for act not made penal by plain import of statute. State v. De Wolfe, 67 Neb. 321, 93 N.W. 746 (1903); Moore v. State, 53 Neb. 831, 74 N.W. 319 (1898).
"Original code" refers to code of 1873. Richards v. State, 65 Neb. 808, 91 N.W. 878 (1902).
Legislature intended to abolish hypertechnical rules of common law. Burlingim v. State, 61 Neb. 276, 85 N.W. 76 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-107 - Person or other general term, when protection of property intended; meaning.

29-107.
Person or other general term, when protection of property intended; meaning.
Whenever any property or interest is intended to be protected by a provision of the penal law, and the general term person or any other general term is used to designate the party whose property is intended to be protected, the provisions of such penal laws and the protection thereby given shall extend to the property of the state, or of any county, and of all public or private corporations.
Source
G.S.1873, c. 58, § 252, p. 782;
R.S.1913, § 8907;
C.S.1922, § 9928;
C.S. 1929, § 29-107;
R.S.1943, § 29-107.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-108 - Signature, how construed.

29-108.
Signature, how construed.
The word signature includes the mark of a person unable to write his name; a mark shall have the same effect as a signature when the name is written by some other person and the mark is made near thereto by the person unable to write his name.
Source
G.S.1873, c. 58, § 253, p. 782;
R.S.1913, § 8908;
C.S.1922, § 9929;
C.S.1929, § 29-108;
R.S.1943, § 29-108.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-109 - Terms not defined, how construed; titles, treatment.

29-109.
Terms not defined, how construed; titles, treatment.
Except where a word, term or phrase is specially defined, all words used in this code are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed. The titles merely, to the various chapters, articles, sections or clauses of this code, which are written or printed upon the bill at the time of its approval, shall constitute no part thereof.
Source
G.S.1873, c. 58, § 254, p. 782;
R.S.1913, § 8909;
C.S.1922, § 9930;
C.S.1929, § 29-109;
R.S.1943, § 29-109.
Annotations
It is a simple rule of statutory construction that terms which are not specifically defined are to be taken in the sense in which they are understood in common language. State v. Holman, 229 Neb. 57, 424 N.W.2d 627 (1988).
Related context and subject matter must be considered in construing penal statute. State v. Neal, 187 Neb. 413, 191 N.W.2d 458 (1971).
Terms must be taken and construed in the sense in which they are understood in common language. Wirth v. Calhoun, 64 Neb. 316, 89 N.W. 785 (1902).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-111 - Fines and punishments; how enforced.

29-111.
Fines and punishments; how enforced.
All fines and punishments provided for in this code shall be enforced by the procedure provided for in this code so far as such procedure extends or can be made applicable.
Source
G.S.1873, c. 58, § 257, p. 783;
R.S.1913, § 8911;
C.S.1922, § 9932;
C.S.1929, § 29-111;
R.S.1943, § 29-111.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-112 - Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.

29-112.
Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.
Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is incompetent to be a juror or to hold any office of honor, trust, or profit within this state, unless such person receives from the Board of Pardons of this state a warrant of discharge, in which case such person shall be restored to such civil rights and privileges as enumerated or limited by the Board of Pardons. The warrant of discharge shall not release such person from the costs of conviction unless otherwise ordered by the Board of Pardons.
Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is not qualified to vote until two years after he or she has completed the sentence, including any parole term. The disqualification is automatically removed at such time.
Source
G.S.1873, c. 58, § 258, p. 783;
R.S.1913, § 8912;
Laws 1919, c. 56, § 1, p. 160;
C.S.1922, § 9933;
C.S.1929, § 29-112;
R.S.1943, § 29-112;
Laws 1951, c. 86, § 1, p. 249;
Laws 1959, c. 117, § 1, p. 448;
Laws 2002, LB 1054, § 3;
Laws 2005, LB 53, § 1.
Cross References
Constitutional provisions:
Board of Pardons, see Article IV, section 13, Constitution of Nebraska.
Disqualification from holding office, see Article XV, sections 1 and 2, Constitution of Nebraska.
Disqualification from voting, see Article VI, section 2, Constitution of Nebraska.
Disqualification from voting, see section 32-313.
Pardons and paroles, see sections 29-2246 et seq., 83-188 et seq., and 83-1,126 et seq.
Annotations
The purpose of this section, as evident from its plain language, is to provide the mechanism by which a felon's right to vote is restored. Ways v. Shively, 264 Neb. 250, 646 N.W.2d 621 (2002).
Conviction does not deprive person of other or different civil rights than those specifically named. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).
Objection that juror is disqualified may be waived. Turley v. State, 74 Neb. 471, 104 N.W. 934 (1905).
Information requested on questionnaire sent to prospective jurors was proper. Beatrice Foods Co. v. United States, 312 F.2d 29 (8th Cir. 1963).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-112.01 - Restoration of civil rights; felon; procedure.

29-112.01.
Restoration of civil rights; felon; procedure.
Any person sentenced to be punished for any felony, when the sentence is other than confinement in a Department of Correctional Services adult correctional facility, shall be restored to such civil rights as enumerated or limited by the Board of Pardons upon receipt from the Board of Pardons of a warrant of discharge, which shall be issued by such board upon receiving from the sentencing court a certificate showing satisfaction of the judgment and sentence entered against such person.
Source
Laws 1959, c. 117, § 2, p. 448;
Laws 1993, LB 31, § 3;
Laws 2002, LB 1054, § 4.
Cross References
Pardons and paroles, see sections 29-2246 et seq., 83-188 et seq., and 83-1,126 et seq.
Probation, completion of, see section 29-2264.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-113 - Felon of other states; disqualified as juror or officeholder; right to vote.

29-113.
Felon of other states; disqualified as juror or officeholder; right to vote.
Any person who has been convicted of a felony under the laws of any other state shall be deemed incompetent to be a juror or to hold any office of honor, trust, or profit within this state unless such person has been restored to civil rights under the laws of the state in which the felony was committed.
Any person who has been convicted of a felony under the laws of any other state is not qualified to vote until two years after such person has completed his or her sentence, including any parole term.
Source
G.S.1873, c. 58, § 259, p. 783;
R.S.1913, § 8913;
C.S.1922, § 9934;
C.S.1929, § 29-113;
R.S.1943, § 29-113;
Laws 1951, c. 86, § 2, p. 249;
Laws 1969, c. 236, § 1, p. 871;
Laws 1993, LB 31, § 4;
Laws 2002, LB 1054, § 5;
Laws 2005, LB 53, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-116 - Suppression of statement by defendant; order granting suppression; review; procedure; appeal.

29-116.
Suppression of statement by defendant; order granting suppression; review; procedure; appeal.
(1) In addition to any other rights of appeal, the state shall have the right to appeal from an order granting a motion for the suppression of statements alleged to be involuntary or in violation of the fifth or sixth amendments of the Constitution of the United States in the manner provided in this section.
(2) If such motion has been granted in the district court, the Attorney General or the county attorney or prosecuting attorney with the consent of the Attorney General may file his or her application with the Clerk of the Supreme Court asking for a summary review of the order granting the motion. The review shall be made by a judge of the Court of Appeals at chambers upon such notice, briefs, and argument as the judge directs, after which such judge shall enter his or her order affirming, reversing, or modifying the order submitted for review, and upon any trial on the general issue thereafter, the parties and the trial court shall be bound by such order. Upon conviction after trial the defendant may on appeal challenge the correctness of the order by the judge.
(3) If such motion has been granted in the county court, the Attorney General or the county attorney or prosecuting attorney may file his or her application with the clerk of the district court in the district in which the motion has been granted asking for a summary review of the order granting the motion. The review shall be made by a judge of the district court upon such notice, briefs, and arguments as the judge directs, after which such judge shall enter his or her order affirming, reversing, or modifying the order submitted for review, and upon any trial on the general issue thereafter the parties and the trial court shall be bound by such order. Upon conviction after trial the defendant may on appeal challenge the correctness of the order by the judge.
Source
Laws 1981, LB 411, § 2;
Laws 1991, LB 732, § 71;
Laws 1992, LB 360, § 7;
Laws 1998, LB 218, § 10.
Annotations
A defendant's successful motion in the district court to suppress evidence is not finally granted or determined, unless there is no appeal, until a judge of the Court of Appeals has decided the matter under this section. The time from the defendant's filing of such motion until final determination is excluded in the speedy trial calculation. State v. Hayes, 10 Neb. App. 833, 639 N.W.2d 418 (2002).
A trial court may, in its good judgment, correct its pretrial ruling on a motion to suppress statements, even though such a correction results in denial of the State's opportunity to appeal the decision to suppress the evidence. State v. Vaida, 1 Neb. App. 768, 510 N.W.2d 389 (1993).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-117 - Suppression of statement by defendant; application for review; filing; when.

29-117.
Suppression of statement by defendant; application for review; filing; when.
The application for review provided in section 29-116 shall be accompanied by a copy of the order of the trial court granting the motion to suppress and a bill of exceptions containing all of the evidence, including affidavits, considered by the trial court in its ruling on the motion, and so certified by the trial court. The application shall be filed with the Clerk of the Supreme Court, if the trial court is the district court, or with the clerk of the district court, if the trial court is the county court, within such time as may be ordered by the trial court, which in fixing such time shall take into consideration the length of time required to prepare the bill of exceptions, and shall also consider whether the defendant is in jail or whether he or she is on bail, but in no event shall more than thirty days be given in which to file such application.
Source
Laws 1981, LB 411, § 3;
Laws 1998, LB 218, § 11;
Laws 2000, LB 921, § 30.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-118 - Suppression of statement by defendant; order granting suppression; review; trial court; duties.

29-118.
Suppression of statement by defendant; order granting suppression; review; trial court; duties.
In making an order granting a motion to suppress a statement, the trial court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting attorney may file a notice with the clerk of such court of his or her intention to seek a review of the order. Upon the filing of such notice, the trial court shall fix a time in which the application for review shall be filed with the clerk of the appellate court.
Source
Laws 1981, LB 411, § 4;
Laws 1998, LB 218, § 12.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-120 - Plea agreement; prosecuting attorney; duties.

29-120.
Plea agreement; prosecuting attorney; duties.
Prior to reaching a plea agreement with defense counsel, a prosecuting attorney, prosecuting a violation of a city or village ordinance enacted in conformance with section 60-6,196 or 60-6,197, shall consult with or make a good faith effort to consult with the victim regarding the content of and reasons for such plea agreement.
Source
Laws 1983, LB 78, § 3;
Laws 1993, LB 370, § 11.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-121 - Leaving child at a hospital; no prosecution for crime; hospital; duty.

29-121.
Leaving child at a hospital; no prosecution for crime; hospital; duty.
No person shall be prosecuted for any crime based solely upon the act of leaving a child thirty days old or younger in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.
Source
Laws 2008, LB157, § 1;
Laws 2008, First Spec. Sess., LB1, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-122 - Criminal responsibility; intoxication; not a defense; exceptions.

29-122.
Criminal responsibility; intoxication; not a defense; exceptions.
A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not (1) know that it was an intoxicating substance when he or she ingested, inhaled, injected, or absorbed the substance causing the intoxication or (2) ingest, inhale, inject, or absorb the intoxicating substance voluntarily.
Source
Laws 2011, LB100, § 1.
Annotations
Voluntary intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense. State v. Cheloha, 25 Neb. App. 403, 907 N.W.2d 317 (2018).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-201 - County judges as magistrates; jurisdiction.

29-201.
County judges as magistrates; jurisdiction.
All county judges in this state shall have the same and equal powers of jurisdiction in all matters relating to the enforcement of the criminal laws of the state, except as otherwise expressly provided, and the jurisdiction of all such officers as magistrates, for the discharge of the duties and for the exercise of the powers enjoined and conferred by this code, shall extend to all crimes and offenses punishable by the laws of this state, committed within their respective jurisdictions, and for the prevention of crimes and offenses as in this code provided, throughout their respective counties.
Source
G.S.1873, c. 58, § 260, p. 784;
R.S.1913, § 8914;
C.S.1922, § 9935;
C.S.1929, § 29-201;
R.S.1943, § 29-201;
Laws 1972, LB 1032, § 162.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-203 - District judges and county judges; conservators of the peace; jurisdiction.

29-203.
District judges and county judges; conservators of the peace; jurisdiction.
The judges of the district courts in their respective districts, and the magistrates mentioned in section 29-201 in their respective counties, shall jointly and severally be conservators of the peace within their respective jurisdictions, and shall have full power to enforce or cause to be enforced all laws that now exist or that shall hereafter be made for the prevention and punishment of offenses, or for the preservation and observance of the peace. Judges of the district courts shall have the same powers to require securities for the keeping of the peace and good behavior, and bail for appearance in courts to answer complaints to keep the peace, and for crimes and offenses committed in their respective districts as any of the magistrates aforesaid have in their respective counties.
Source
G.S.1873, c. 58, § 262, p. 784;
R.S.1913, § 8916;
C.S.1922, § 9937;
C.S.1929, § 29-203;
R.S.1943, § 29-203.
Annotations
District judges have all of the required jurisdiction of magistrates. Otte v. State, 172 Neb. 110, 108 N.W.2d 737 (1961).
District judge may hold preliminary hearing. Callies v. State, 157 Neb. 640, 61 N.W.2d 370 (1953).
District judge may sit as examining magistrate. Cohoe v. State, 79 Neb. 811, 113 N.W. 532 (1907); State v. Dennison, 60 Neb. 192, 82 N.W. 628 (1900).
Preliminary hearing is in no sense a trial. Van Buren v. State, 65 Neb. 223, 91 N.W. 201 (1902).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-205 - Fugitive; apprehension and arrest.

29-205.
Fugitive; apprehension and arrest.
If any person or persons who may be charged with the commission of a crime or offense made punishable by the laws of this state shall abscond or remove from the county in which such crime or offense is charged to have been committed, it shall be lawful for any sheriff or other person to apprehend the person or persons so charged, remove him, her, or them to the county in which the alleged crime may be said to have been committed, and deliver such person or persons to any magistrate in such county, who shall cause the person or persons so delivered to be dealt with as the law may direct.
Source
G.S.1873, c. 58, § 264, p. 785;
R.S.1913, § 8918;
C.S.1922, § 9939;
C.S.1929, § 29-205;
R.S.1943, § 29-205;
Laws 1988, LB 1030, § 22.
Annotations
It is mandatory duty of sheriff, where warrant is placed in his hands issued in another county, to apprehend the accused and remove him to the county where the crime is charged. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
A law enforcement officer investigating a crime has the authority to detain a suspect with an outstanding arrest warrant outside the law enforcement officer's primary jurisdiction. State v. Hill, 12 Neb. App. 492, 677 N.W.2d 525 (2004).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-208 - Criminal identification; agents; power of Governor to appoint.

29-208.
Criminal identification; agents; power of Governor to appoint.
The Governor is hereby authorized to appoint such agents as may be necessary for carrying out the provisions of sections 29-208 to 29-210.
Source
Laws 1921, c. 207, § 1, p. 739;
C.S.1922, § 9942;
C.S.1929, § 29-208;
R.S.1943, § 29-208.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-209 - Criminal identification; fingerprints and descriptions; duties of law enforcement officers and agencies.

29-209.
Criminal identification; fingerprints and descriptions; duties of law enforcement officers and agencies.
It is hereby made the duty of the sheriffs of the several counties of the State of Nebraska, the chiefs of police of incorporated cities therein, marshals of incorporated cities and towns therein, and agencies of state government having powers of arrest to furnish the Nebraska State Patrol two copies of fingerprints on forms provided by the Nebraska State Patrol and the Federal Bureau of Investigation, and descriptions of all persons who are arrested by them (1) for any felony or (2) as felony fugitives from the criminal justice system of another jurisdiction. This section is not intended to include violators of city ordinances or of persons arrested for other trifling offenses. The Nebraska State Patrol shall in all appropriate cases forward one copy of such fingerprints and other necessary identifying data and information to the system maintained by the Federal Bureau of Investigation.
Source
Laws 1921, c. 207, § 2, p. 739;
C.S.1922, § 9943;
C.S.1929, § 29-209;
R.S.1943, § 29-209;
Laws 1978, LB 713, § 16.
Cross References
Security, Privacy, and Dissemination of Criminal History Information Act, see section 29-3501.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-210 - Criminal identification and information; Nebraska State Patrol; duties.

29-210.
Criminal identification and information; Nebraska State Patrol; duties.
The Nebraska State Patrol is hereby authorized (1) to keep a complete record of all reports filed of all personal property stolen, lost, found, pledged or pawned, in any city or county of this state; (2) to provide for the installation of a proper system and file, and cause to be filed therein cards containing an outline of the methods of operation employed by criminals; (3) to use any system of identification it deems advisable, or that may be adopted in any of the penal institutions of the state; (4) to keep a record consisting of duplicates of measurements, processes, operations, plates, photographs, measurements and descriptions of all persons confined in penal institutions of this state; (5) to procure and maintain, so far as practicable, plates, photographs, descriptions and information concerning all persons who shall hereafter be convicted of felony or imprisoned for violating the military, naval or criminal laws of the United States, and of well-known and habitual criminals from whatever source procurable; (6) to furnish any criminal justice agency with any information, material, records, or means of identification which may properly be disseminated and that it may desire in the proper administration of criminal justice; (7) to upgrade, when feasible, the existing law enforcement communications network; and (8) to establish and maintain an improved system or systems by which relevant information may be collected, coordinated, and made readily available to serve qualified persons or agencies concerned with the administration of criminal justice.
Source
Laws 1921, c. 207, § 3, p. 739;
C.S.1922, § 9944;
C.S.1929, § 29-210;
R.S.1943, § 29-210;
Laws 1978, LB 713, § 17.
Cross References
Security, Privacy, and Dissemination of Criminal History Information Act, see section 29-3501.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-211 - Motor vehicle pursuit; law enforcement agency; adopt policy; contents; training.

29-211.
Motor vehicle pursuit; law enforcement agency; adopt policy; contents; training.
(1) Each law enforcement agency within the State of Nebraska shall adopt and implement a written policy regarding the pursuit of motor vehicles. Such policy shall contain at least the following elements:
(a) Standards which describe when a pursuit may be initiated, taking into consideration the nature and severity of the offense involved;
(b) Standards which describe when a pursuit is to be discontinued, giving special attention to (i) the degree of danger presented to the general public and the pursuing officer and (ii) the probability of later apprehension of the subject based upon his or her identification;
(c) Procedures governing the operation of pursuits including, but not limited to, the number and types of vehicles which may be used, the method of operation of such vehicles, and the exercise of supervision during pursuits;
(d) Procedures governing pursuits which include other law enforcement agencies or which extend into the jurisdiction of other law enforcement agencies; and
(e) A system of mandatory continued planning and review of training of personnel appropriate and consistent with the policies and jurisdiction of the law enforcement agency regarding the proper handling of pursuits, including, at a minimum, an annual review of the policy with each sworn law enforcement officer and dispatcher.
(2) It shall be the responsibility of each law enforcement agency within the State of Nebraska to ensure that all law enforcement officers who commence employment with such law enforcement agency receive specialized training in pursuit driving at the Nebraska Law Enforcement Training Center or at an equivalent training program approved by the Nebraska Police Standards Advisory Council.
Source
Laws 1981, LB 76, § 3;
Laws 1996, LB 952, § 3.
Cross References
Apprehension of persons, see section 29-215.
Liability for damages to third parties, see sections 13-911 and 81-8,215.01.
Nebraska Rules of the Road, emergency vehicle privileges, see section 60-6,114.
Uniform Act on Fresh Pursuit, see section 29-421.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-212 - Missing Persons Information Clearinghouse; terms, defined.

29-212.
Missing Persons Information Clearinghouse; terms, defined.
For purposes of sections 29-212 to 29-214.01, unless the context otherwise requires:
(1) Missing person means a person who has been reported as missing to a law enforcement agency; and
(2) Missing Persons Information Clearinghouse means the repository established within the Nebraska State Patrol pursuant to section 29-214.01.
Source
Laws 1985, LB 187, § 1;
Laws 2005, LB 111, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-213 - Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.

29-213.
Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.
When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify:
(1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network;
(2) All law enforcement agencies considered to be involved by the law enforcement agency having jurisdiction;
(3) All law enforcement agencies to which the person filing the report requests that the information be sent, if the request is reasonable in light of the information contained in the report;
(4) All law enforcement agencies requesting the information; and
(5) The Missing Persons Information Clearinghouse.
Source
Laws 1985, LB 187, § 2;
Laws 2005, LB 111, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-214 - Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.

29-214.
Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.
(1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse.
(2) If a report of a missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.
Source
Laws 1985, LB 187, § 3;
Laws 2005, LB 111, § 3.
Cross References
Missing Children Identification Act, see section 43-2001 et seq.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-216 - Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.

29-216.
Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.
(1) No law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such offense.
(2) The refusal of a victim to submit to an examination as described in subsection (1) of this section shall not prevent the investigation of the offense.
Source
Laws 2007, LB143, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-401 - Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements.

29-401.
Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements.
Every sheriff, deputy sheriff, marshal, deputy marshal, security guard, police officer, or peace officer as defined in subdivision (15) of section 49-801 shall arrest and detain any person found violating any law of this state or any legal ordinance of any city or incorporated village until a legal warrant can be obtained, except that (1) any such law enforcement officer taking a juvenile under the age of eighteen years into his or her custody for any violation herein defined shall proceed as set forth in sections 43-248, 43-248.01, 43-250, 43-251, 43-251.01, and 43-253 and (2) the court in which the juvenile is to appear shall not accept a plea from the juvenile until finding that the parents of the juvenile have been notified or that reasonable efforts to notify such parents have been made as provided in section 43-250.
Source
G.S.1873, c. 58, § 283, p. 789;
R.S.1913, § 8937;
C.S.1922, § 9961;
C.S.1929, § 29-401;
R.S.1943, § 29-401;
Laws 1967, c. 175, § 1, p. 490;
Laws 1972, LB 1403, § 1;
Laws 1981, LB 346, § 86;
Laws 1988, LB 1030, § 23;
Laws 1994, LB 451, § 1;
Laws 2009, LB63, § 22;
Laws 2010, LB771, § 14.
Annotations
The finding required by subsection (2) of this section, that the parents of a child under the age of 18 years have been notified of the child's arrest or that reasonable efforts to notify have been made, is not jurisdictional. State v. Taylor, 234 Neb. 18, 448 N.W.2d 920 (1989).
An arrest may not be used as a pretext to search for evidence. A pretext arrest is one where the arrest is only a sham, a front being used as an excuse for making a search. The determination of whether an arrest is pretextual is a question of fact for the trial court. This court will not reverse a trial court's finding on this question unless the finding is clearly erroneous. State v. Vann, 230 Neb. 601, 432 N.W.2d 810 (1988).
Firing of shots at tires of speeding automobile was justified in making arrest. Breese v. Newman, 179 Neb. 878, 140 N.W.2d 805 (1966).
Arrest of person who fled from police officers was justified under facts. Sperry v. Greiner, 175 Neb. 524, 122 N.W.2d 463 (1963).
Jury was properly instructed as to the duties of sheriff to arrest and detain under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950).
Mandamus will lie to compel city officers to use summary powers to prevent violations of law. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904).
Arrest and detention without warrant by marshal was legal. Fry v. Kaessner, 48 Neb. 133, 66 N.W. 1126 (1896).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-402 - Arrest by person not an officer.

29-402.
Arrest by person not an officer.
Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.
Source
G.S.1873, c. 58, § 284, p. 789;
R.S.1913, § 8938;
C.S.1922, § 9962;
C.S.1929, § 29-402;
R.S.1943, § 29-402.
Annotations
Evidence seized pursuant to an unlawful citizens arrest may still be admissible in absence of a showing of state action. State v. Houlton, 227 Neb. 215, 416 N.W.2d 588 (1987).
Jury award of five thousand dollars damages sustained against a private citizen who procured the unlawful arrest and detention of plaintiff. Huskinson v. Vanderheiden, 197 Neb. 739, 251 N.W.2d 144 (1977).
A police officer may arrest without a warrant when it appears that a felony has been committed and there are reasonable grounds to believe that the person arrested is guilty of the offense. State v. O'Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963).
This section shows intent that provisions of this article apply to felonies and misdemeanors alike. Morrow v. State, 140 Neb. 592, 300 N.W. 843 (1941).
Arrest by private person, with cause to believe party arrested had committed a felony, was legal. Simmerman v. State, 16 Neb. 615, 21 N.W. 387 (1884).
Crime of which person arrested is suspected must have been committed. Kyner v. Laubner, 3 Neb. Unof. 370, 91 N.W. 491 (1902).
Search incident to arrest by Treasury Department agents was proper when agents saw revolver protruding from rear pocket of defendant who was trying to avoid them. United States v. Carter, 523 F.2d 476 (8th Cir. 1975).
Cited in determining that postal inspectors had probable cause to arrest defendant for carrying concealed weapon, a state felony. United States v. Unverzagt, 424 F.2d 396 (8th Cir. 1970).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-402.01 - Shoplifters; detention; no criminal or civil liability.

29-402.01.
Shoplifters; detention; no criminal or civil liability.
A peace officer, a merchant, or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant, or merchant's employee shall not render such peace officer, merchant, or merchant's employee criminally or civilly liable for slander, libel, false arrest, false imprisonment, or unlawful detention.
Source
Laws 1957, c. 101, § 1, p. 361;
Laws 1963, c. 157, § 1, p. 556.
Annotations
Where the detention of a suspected shoplifter was unreasonable because it continued after the detainers knew their suspicions were groundless and that they had made a mistake, merchant held not protected under this section. Latek v. K Mart Corp., 224 Neb. 807, 401 N.W.2d 503 (1987).
The words "a merchant's employee" do not include a merchant's agent who is not an employee. Bishop v. Bockoven, Inc., 199 Neb. 613, 260 N.W.2d 488 (1977).
A telephone alert between cooperating store managers advising the location of one suspected of previous shoplifting does not constitute a civil conspiracy against the suspect. Dangberg v. Sears Roebuck & Co., 198 Neb. 234, 252 N.W.2d 168 (1977).
Instruction defining arrest in almost verbatim language of 5 Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman, Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-402.02 - Shoplifters; peace officer; arrest without warrant.

29-402.02.
Shoplifters; peace officer; arrest without warrant.
Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
Source
Laws 1957, c. 101, § 2, p. 361.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-402.03 - Shoplifters; arrest; merchant or employee not liable.

29-402.03.
Shoplifters; arrest; merchant or employee not liable.
A merchant or a merchant's employee who causes the arrest of a person, as provided for in section 29-402.01, for larceny of goods held for sale shall not be criminally or civilly liable for slander, libel, false arrest, or false imprisonment where the merchant or merchant's employee has probable cause for believing that the person arrested committed larceny of goods held for sale.
Source
Laws 1957, c. 101, § 3, p. 361;
Laws 1963, c. 157, § 2, p. 557.
Annotations
Instruction defining arrest in almost verbatim language of 5 Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman, Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-403 - Warrant; who may issue.

29-403.
Warrant; who may issue.
Judges of the district court and judges of the county court shall have power to issue process for the apprehension of any person charged with a criminal offense. Clerk magistrates shall have the power to issue such process as provided in section 24-519.
Source
G.S.1873, c. 58, § 285, p. 789;
R.S.1913, § 8939;
C.S.1922, § 9963;
C.S.1929, § 29-403;
R.S.1943, § 29-403;
Laws 1972, LB 1032, § 166;
Laws 1984, LB 13, § 51;
Laws 1986, LB 529, § 28.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-404.01 - Arrest without warrant; supplemental provisions.

29-404.01.
Arrest without warrant; supplemental provisions.
The provisions of sections 29-404.01 to 29-404.03 shall be supplemental and in addition to any other laws relating to the subject of arrest.
Source
Laws 1967, c. 172, § 1, p. 487.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-404.03 - Arrest without warrant; reasonable cause; conditions.

29-404.03.
Arrest without warrant; reasonable cause; conditions.
In determining whether reasonable cause exists to justify an arrest, a law enforcement officer may take into account all facts and circumstances, including those based upon any expert knowledge or experience which the officer in fact possessed, which a prudent officer would judge relevant to the likelihood that a crime has been committed and that the person to be arrested has committed it, and for such purpose the officer may rely on information he receives from any informant whom it is reasonable under the circumstances to credit, whether or not at the time of making the arrest the officer knows the informant's identity.
Source
Laws 1967, c. 172, § 3, p. 487.
Annotations
Police may consider an anonymous tip, along with other facts and circumstances, in determining whether reasonable cause for an arrest exists. Where anonymous tip identified robber as a black male, 6 feet 1 inch tall, 28 years old, with a red eye, known as "Tony," who could be found at a certain address; eyewitnesses identified robber as black male with a red eye; neighbors of specified address described defendant's car; and defendant was a black male, 6 feet 3 inches tall, 29 years old, found at an address where the described car was parked, and named Tony, reasonable cause for arrest existed. State v. Haynie, 239 Neb. 478, 476 N.W.2d 905 (1991).
The totality of the circumstances, including a suspect's attempt to flee from a police officer, established reasonable or probable cause that the suspect was driving while his driver's license was still under suspension, which was a misdemeanor; thus, the officer had probable cause to arrest the suspect. Newton v. Huffman, 10 Neb. App. 390, 632 N.W.2d 344 (2001).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-405 - Warrant; misdemeanor, complainant; costs.

29-405.
Warrant; misdemeanor, complainant; costs.
When the offense charged is a misdemeanor, the magistrate, before issuing the warrant, may, at his discretion, require the complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment of security for costs shall be entered upon the docket; and the magistrate on dismissal may, if in his opinion the complaint was without probable cause, enter a judgment against such complainant for costs made thereon. In case the magistrate shall consider such complainant wholly irresponsible, such magistrate may, in his discretion, refuse to issue any warrant unless the complainant procure some responsible surety to the satisfaction of such magistrate for the costs in case of such dismissal, and such surety shall acknowledge himself so bound, and the magistrate shall enter it on his docket.
Source
G.S.1873, c. 58, § 287, p. 790;
R.S.1913, § 8941;
C.S.1922, § 9965;
C.S.1929, § 29-405;
R.S.1943, § 29-405.
Annotations
Constable cannot demand his fees in advance. Beach v. State ex rel. Emmons, 27 Neb. 398, 43 N.W. 177 (1889).
This section does not apply to complaint by prosecuting officer. State ex rel. Thomas v. McCutcheon, 20 Neb. 304, 30 N.W. 58 (1886).
Costs can be adjudged against complainant only after finding that complaint was without probable cause. Cobbey v. Berger, 13 Neb. 463, 14 N.W. 396 (1882).