reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-919 - Tampering with witness or informant; jury tampering; penalty.

28-919.
Tampering with witness or informant; jury tampering; penalty.
(1) A person commits the offense of tampering with a witness or informant if, believing that an official proceeding or investigation of a criminal or civil matter is pending or about to be instituted, he or she attempts to induce or otherwise cause a witness or informant to:
(a) Testify or inform falsely;
(b) Withhold any testimony, information, document, or thing;
(c) Elude legal process summoning him or her to testify or supply evidence; or
(d) Absent himself or herself from any proceeding or investigation to which he or she has been legally summoned.
(2) A person commits the offense of jury tampering if, with intent to influence a juror's vote, opinion, decision, or other action in a case, he or she attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.
(3) Tampering with witnesses or informants is a Class IV felony, except that if such offense involves a pending criminal proceeding which alleges a violation of another offense classified:
(a) As a Class II misdemeanor or a lower classification or a violation of a city or village ordinance, the offense is a Class I misdemeanor; or
(b) As a Class II felony or a higher classification, the offense is a Class II felony.
(4) Jury tampering is a Class IV felony, except that if such offense involves a pending criminal proceeding which alleges a violation of another offense classified as a Class II felony or a higher classification, the offense is a Class II felony.
Source
Laws 1977, LB 38, § 204;
Laws 1994, LB 906, § 1;
Laws 2019, LB496, § 2.
Annotations
A defendant's reasons for attempting to induce a witness to commit any of the acts enumerated in this section are not relevant. State v. Benson, 305 Neb. 949, 943 N.W.2d 426 (2020).
Evidence was sufficient to support a conviction for tampering with a witness, where after the victim reported that she was sexually assaulted, the defendant relayed a message asking the victim to drop the charges; by doing so, the defendant essentially asked the victim to inform falsely or to withhold information. State v. Guzman, 305 Neb. 376, 940 N.W.2d 552 (2020).
Sufficient evidence was presented from which a jury could conclude beyond a reasonable doubt that the defendant intended to persuade the victim, who is also the witness, to withhold any further information concerning the rape she had reported. State v. Nissen, 252 Neb. 51, 560 N.W.2d 157 (1997).
A person who has knowledge of a relevant fact or occurrence sufficient to testify in respect to it is a witness for the purpose of this section, even if such knowledge is not firsthand. State v. Cisneros, 248 Neb. 372, 535 N.W.2d 703 (1995).
A witness, for purposes of this provision, is one who has knowledge of a relevant fact or occurrence sufficient to testify in respect to it. State v. McCoy, 227 Neb. 494, 418 N.W.2d 250 (1988).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-920 - Bribery of a juror; penalty; juror receiving bribe; penalty.

28-920.
Bribery of a juror; penalty; juror receiving bribe; penalty.
(1) A person commits bribery of a juror if he offers, confers, or agrees to confer any benefit upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror.
(2) Bribery of a juror is a Class IV felony.
(3) A juror commits a Class IV felony if he accepts or agrees to accept any benefit from another person for the purpose of influencing his vote, opinion, decision, or other action as a juror.
Source
Laws 1977, LB 38, § 205.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-922 - Tampering with physical evidence; penalty; physical evidence, defined.

28-922.
Tampering with physical evidence; penalty; physical evidence, defined.
(1) A person commits the offense of tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he or she:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with the intent to impair its verity or availability in the pending or prospective official proceeding; or
(b) Knowingly makes, presents, or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(2) Physical evidence, as used in this section, shall mean any article, object, document, record, or other thing of physical substance.
(3) Tampering with physical evidence is a Class IV felony, except that if such offense involves a pending criminal proceeding which alleges a violation of another offense classified:
(a) As a Class II misdemeanor or a lower classification or a violation of a city or village ordinance, the offense is a Class I misdemeanor; or
(b) As a Class II felony or a higher classification, the offense is a Class II felony.
Source
Laws 1977, LB 38, § 207;
Laws 2019, LB496, § 3.
Annotations
The crime of tampering with physical evidence, as defined by subdivision (1)(a) of this section, does not include mere abandonment of physical evidence in the presence of law enforcement. State v. Lasu, 278 Neb. 180, 768 N.W.2d 447 (2009).
To conceal or remove physical evidence, within the meaning of subdivision (1)(a) of this section, is to act in a way that will prevent it from being disclosed or recognized. State v. Lasu, 278 Neb. 180, 768 N.W.2d 447 (2009).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-923 - Simulating legal process; penalty.

28-923.
Simulating legal process; penalty.
(1) A person commits the offense of simulating legal process if he sends, delivers, or mails or in any manner shall cause to be sent, delivered, or mailed, any paper or document simulating or intended to simulate a summons, complaint, writ, or other court process of any kind, to any person, firm, company, or corporation, for the purpose and intent of forcing payment of any alleged claim, debt, or legal obligation.
(2) Simulating legal process is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 208.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-924 - Official misconduct; penalty.

28-924.
Official misconduct; penalty.
(1) A public servant commits official misconduct if he knowingly violates any statute or lawfully adopted rule or regulation relating to his official duties.
(2) Official misconduct is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 209.
Annotations
Failure by a county attorney to reside in the county he or she holds office in is not official misconduct. Hynes v. Hogan, 251 Neb. 404, 558 N.W.2d 35 (1997).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-925 - Misuse of official information; penalty.

28-925.
Misuse of official information; penalty.
(1) Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he:
(a) Acquires pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or
(b) Speculates or wagers on the basis of such information or official action; or
(c) Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit.
(2) Misuse of official information is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 210.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-926 - Oppression under color of office; penalty.

28-926.
Oppression under color of office; penalty.
(1) Any public servant or peace officer who, by color of or in the execution of his office, shall designedly, willfully, or corruptly injure, deceive, harm, or oppress any person, or shall attempt to injure, deceive, harm, or oppress any person, commits oppression under color of office, and shall be answerable to the party so injured, deceived, or harmed or oppressed in treble damages.
(2) Oppression under color of office is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 211.
Annotations
This section is penal in nature and makes no provision for plaintiff to elect between actual and treble damages. An action pursuant to this section is one "upon a statute for a penalty" and is subject to the 1-year statute of limitations of section 25-208. LaBenz Trucking v. Snyder, 246 Neb. 468, 519 N.W.2d 259 (1994).
Because this section is a criminal statute, a prosecution and conviction of public servants for the crime of oppression under color of office is necessary before any damages or penalties will be assessed. Cole v. Wilson, 11 Neb. App. 837, 661 N.W.2d 706 (2003).
This section is purely criminal in nature and does not provide for an independent civil remedy. Cole v. Wilson, 11 Neb. App. 837, 661 N.W.2d 706 (2003).
Treble damages under this section would not be payable to the individual who was oppressed. Cole v. Wilson, 11 Neb. App. 837, 661 N.W.2d 706 (2003).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-927 - Neglecting to serve a warrant; penalty; forfeiture of office.

28-927.
Neglecting to serve a warrant; penalty; forfeiture of office.
(1) When any warrant legally issued by any magistrate in this state in any criminal case shall be delivered into the hands of any sheriff or other officer to be executed, whose duty it shall be to execute such warrant, it is hereby made the duty of such sheriff or other officer to serve the same immediately, and if such sheriff or other officer shall neglect or delay to serve any such warrant, delivered to him or her as aforesaid, when in his or her power to serve the same, either alone or by calling upon assistance according to law, he or she commits the offense of neglecting to serve a warrant.
(2) Neglecting to serve a warrant is a Class II misdemeanor if the offense charged for which the warrant was issued is a felony.
(3) Neglecting to serve a warrant is a Class III misdemeanor if the offense charged for which the warrant was issued is a misdemeanor.
(4) Any sheriff or other officer who is convicted under this section shall immediately forfeit his or her office.
Source
Laws 1977, LB 38, § 212;
Laws 1988, LB 1030, § 20.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-928 - Mutilating a flag; penalty; flag, defined.

28-928.
Mutilating a flag; penalty; flag, defined.
(1) A person commits the offense of mutilating a flag if such person intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning, or trampling upon such flag.
(2) Flag as used in this section shall mean any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of the United States or the State of Nebraska.
(3) Mutilation of a flag is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 213.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-929 - Assault on an officer, an emergency responder, certain employees, or a health care professional in the first degree; penalty.

28-929.
Assault on an officer, an emergency responder, certain employees, or a health care professional in the first degree; penalty.
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree if:
(a) He or she intentionally or knowingly causes serious bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
(2) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree shall be a Class ID felony.
Source
Laws 1982, LB 465, § 3;
Laws 2005, LB 538, § 1;
Laws 2009, LB63, § 7;
Laws 2010, LB771, § 4;
Laws 2012, LB677, § 1;
Laws 2014, LB811, § 17;
Laws 2020, LB1002, § 5.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-929.01 - Assault on an emergency care provider or a health care professional; terms, defined.

28-929.01.
Assault on an emergency care provider or a health care professional; terms, defined.
For purposes of sections 28-929, 28-929.02, 28-930, 28-931, and 28-931.01:
(1) Emergency care provider means (a) an emergency medical responder; (b) an emergency medical technician; (c) an advanced emergency medical technician; (d) a community paramedic; (e) a critical care paramedic; or (f) a paramedic, as those persons are licensed and classified under the Emergency Medical Services Practice Act;
(2) Health care professional means a physician or other health care practitioner who is licensed, certified, or registered to perform specified health services consistent with state law who practices at a hospital or a health clinic;
(3) Health clinic has the definition found in section 71-416; and
(4) Hospital has the definition found in section 71-419.
Source
Laws 2012, LB677, § 4;
Laws 2014, LB811, § 18;
Laws 2020, LB1002, § 6.
Cross References
Emergency Medical Services Practice Act, see section 38-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-929.02 - Assault on a health care professional; hospital and health clinic; sign required.

28-929.02.
Assault on a health care professional; hospital and health clinic; sign required.
Every hospital and health clinic shall display at all times in a prominent place a printed sign with a minimum height of twenty inches and a minimum width of fourteen inches, with each letter to be a minimum of one-fourth inch in height, which shall read as follows:
WARNING: ASSAULTING A HEALTH CARE PROFESSIONAL WHO IS ENGAGED IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, INCLUDING STRIKING A HEALTH CARE PROFESSIONAL WITH ANY BODILY FLUID, IS A SERIOUS CRIME WHICH MAY BE PUNISHABLE AS A FELONY.
Source
Laws 2012, LB677, § 5;
Laws 2018, LB913, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-930 - Assault on an officer, an emergency responder, certain employees, or a health care professional in the second degree; penalty.

28-930.
Assault on an officer, an emergency responder, certain employees, or a health care professional in the second degree; penalty.
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree if:
(a) He or she:
(i) Intentionally or knowingly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; or
(ii) Recklessly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; and
(b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
(2) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree shall be a Class II felony.
Source
Laws 1982, LB 465, § 4;
Laws 2005, LB 538, § 2;
Laws 2009, LB63, § 8;
Laws 2010, LB771, § 5;
Laws 2012, LB677, § 2;
Laws 2014, LB811, § 19;
Laws 2020, LB1002, § 7.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
Pepper spray is a dangerous instrument, as it is an object which, because of its nature and the manner and intention of its use, is capable of inflicting bodily injury. State v. Simmons, 23 Neb. App. 462, 872 N.W.2d 293 (2015).
In determining whether an off-duty officer working in a secondary employment capacity is performing official duties within the meaning of this section, one should examine the nature of the acts the officer is performing at the time of the incident as well as the circumstances surrounding those acts and the secondary employment. State v. Wilen, 4 Neb. App. 132, 539 N.W.2d 650 (1995).
There is no crime in this state for attempted reckless assault on a peace officer in the second degree. State v. Hemmer, 3 Neb. App. 769, 531 N.W.2d 559 (1995).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-931.01 - Assault on an officer, an emergency responder, certain employees, or a health care professional using a motor vehicle; penalty.

28-931.01.
Assault on an officer, an emergency responder, certain employees, or a health care professional using a motor vehicle; penalty.
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle if:
(a) By using a motor vehicle to run over or to strike an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional or by using a motor vehicle to collide with an officer's, an emergency responder's, a state correctional employee's, a Department of Health and Human Services employee's, or a health care professional's motor vehicle, he or she intentionally and knowingly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
(2) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle shall be a Class IIIA felony.
Source
Laws 1995, LB 371, § 31;
Laws 1997, LB 364, § 12;
Laws 2005, LB 538, § 4;
Laws 2010, LB771, § 7;
Laws 2014, LB811, § 21;
Laws 2020, LB1002, § 9.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-932 - Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; assault; penalty; sentence.

28-932.
Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; assault; penalty; sentence.
(1) Any person (a)(i) who is legally confined in a jail or an adult correctional or penal institution, (ii) who is otherwise in legal custody of the Department of Correctional Services, or (iii) who is committed as a dangerous sex offender under the Sex Offender Commitment Act and (b) who intentionally, knowingly, or recklessly causes bodily injury to another person shall be guilty of a Class IIIA felony, except that if a deadly or dangerous weapon is used to commit such assault, he or she shall be guilty of a Class IIA felony.
(2) Sentences imposed under subsection (1) of this section shall be consecutive to any sentence or sentences imposed for violations committed prior to the violation of subsection (1) of this section and shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the offense for which the sentence is being imposed under this section.
Source
Laws 1982, LB 465, § 6;
Laws 1997, LB 364, § 13;
Laws 2010, LB771, § 8;
Laws 2015, LB605, § 47.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
Before there can be a violation of this section, a bodily injury must occur to another person that is proximately caused by an intentional, knowing, or reckless overt act of a legally confined person or the legally confined person's accomplice. State v. Auman, 232 Neb. 341, 440 N.W.2d 254 (1989).
This section primarily prohibits a lawfully confined person from injuring another person by intentionally, knowingly, or recklessly committing a battery upon the other person. State v. Auman, 232 Neb. 341, 440 N.W.2d 254 (1989).
The use of a deadly or dangerous weapon in the commission of an assault by a confined person is an element of the offense which must be submitted to the jury and proved beyond a reasonable doubt, because the use of a weapon increases the offense of assault by a confined person from a Class IIIA felony to a Class IIA felony. State v. Jenkins, 28 Neb. App. 931, 950 N.W.2d 124 (2020).
Third degree assault is a lesser-included offense of assault by a confined person, because the elements of the two offenses are identical, except that the greater offense, assault by a confined person, requires the assault to be committed by someone who is legally confined. State v. McKay, 15 Neb. App. 169, 723 N.W.2d 644 (2006).
To prove legal confinement under this section, the State is required to prove only that the defendant was technically in the custody of law enforcement, not that the defendant was substantively confined in a lawful manner. State v. McKay, 15 Neb. App. 169, 723 N.W.2d 644 (2006).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-933 - Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; offenses against another person; penalty; sentence.

28-933.
Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; offenses against another person; penalty; sentence.
(1) Any person (a)(i) who is legally confined in a jail or an adult correctional or penal institution, (ii) who is otherwise in legal custody of the Department of Correctional Services, or (iii) who is committed as a dangerous sex offender under the Sex Offender Commitment Act and (b) who commits (i) assault in the first, second, or third degree as defined in sections 28-308 to 28-310, (ii) terroristic threats as defined in section 28-311.01, (iii) kidnapping as defined in section 28-313, or (iv) false imprisonment in the first or second degree as defined in sections 28-314 and 28-315, against any person for the purpose of compelling or inducing the performance of any act by such person or any other person shall be guilty of a Class II felony.
(2) Sentences imposed under subsection (1) of this section shall be served consecutive to any sentence or sentences imposed for violations committed prior to the violation of subsection (1) of this section and shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the offense for which the sentence is being imposed under this section.
Source
Laws 1982, LB 465, § 7;
Laws 1986, LB 956, § 13;
Laws 2010, LB771, § 9.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-934 - Assault with a bodily fluid against a public safety officer; penalty; order to collect evidence.

28-934.
Assault with a bodily fluid against a public safety officer; penalty; order to collect evidence.
(1) Any person who knowingly and intentionally strikes any public safety officer with any bodily fluid is guilty of assault with a bodily fluid against a public safety officer.
(2) Except as provided in subsection (3) of this section, assault with a bodily fluid against a public safety officer is a Class I misdemeanor.
(3) Assault with a bodily fluid against a public safety officer is a Class IIIA felony if the person committing the offense strikes with a bodily fluid the eyes, mouth, or skin of a public safety officer and knew the source of the bodily fluid was infected with the human immunodeficiency virus, hepatitis B, or hepatitis C at the time the offense was committed.
(4) Upon a showing of probable cause by affidavit to a judge of this state that an offense as defined in subsection (1) of this section has been committed and that identifies the probable source of the bodily fluid or bodily fluids used to commit the offense, the judge shall grant an order or issue a search warrant authorizing the collection of any evidence, including any bodily fluid or medical records or the performance of any medical or scientific testing or analysis, that may assist with the determination of whether or not the person committing the offense or the person from whom the person committing the offense obtained the bodily fluid or bodily fluids is infected with the human immunodeficiency virus, hepatitis B, or hepatitis C.
(5) As used in this section:
(a) Bodily fluid means any naturally produced secretion or waste product generated by the human body and shall include, but not be limited to, any quantity of human blood, urine, saliva, mucus, vomitus, seminal fluid, or feces; and
(b) Public safety officer includes any of the following persons who are engaged in the performance of their official duties at the time of the offense: A peace officer; a probation officer; a firefighter; an emergency care provider as defined in section 28-929.01; a health care professional as defined in section 28-929.01; an employee of a county, city, or village jail; an employee of the Department of Correctional Services; an employee of the secure youth confinement facility operated by the Department of Correctional Services, if the person committing the offense is committed to such facility; an employee of a youth rehabilitation and treatment center; or an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act.
Source
Laws 2011, LB226, § 2;
Laws 2014, LB811, § 22;
Laws 2018, LB913, § 2;
Laws 2020, LB1002, § 10;
Laws 2021, LB273, § 1.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-935 - Fraudulently filing a financing statement, lien, or document; penalty.

28-935.
Fraudulently filing a financing statement, lien, or document; penalty.
(1) A person commits the offense of fraudulently filing a financing statement, lien, or document if the person directly, or through an intermediary, submits for filing or recording in the public record, as defined in section 28-911:
(a) Any document purporting to create a nonconsensual common-law lien, as defined in section 52-1901, knowing or having reason to know that the lien is a nonconsensual common-law lien;
(b) A financing statement pursuant to article 9, Uniform Commercial Code, knowing or having reason to know that the financing statement is not based on a bona fide security agreement or was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor; or
(c) Any document filed in an attempt to harass an entity, individual, or public official or obstruct a government operation or judicial proceeding, knowing or having reason to know such document contained false information.
(2) Fraudulently filing a financing statement, lien, or document is a Class IV felony.
(3) Lack of belief in the jurisdiction or authority of the state or of the government of the United States is no defense to prosecution under this section.
Source
Laws 2013, LB3, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-936 - Electronic communication device; possession within facility; provided to inmate; penalty; seizure; disposition.

28-936.
Electronic communication device; possession within facility; provided to inmate; penalty; seizure; disposition.
(1) A person commits an offense if he or she intentionally introduces within a facility, or intentionally provides an inmate of a facility with, any electronic communication device. An inmate commits an offense if he or she intentionally procures, makes, or otherwise provides himself or herself with, or has in his or her possession, any electronic communication device.
(2) This section does not apply to:
(a) An attorney or an attorney's agent visiting an inmate who is a client of such attorney;
(b) The Public Counsel or any employee of his or her office;
(c) A peace officer acting under his or her authority;
(d) An emergency responder or a firefighter responding to emergency incidents within a facility; or
(e) Any person acting with the permission of the Director of Correctional Services or in accordance with rules, regulations, or policies of the Department of Correctional Services.
(3) For purposes of this section:
(a) Facility has the same meaning as in section 83-170; and
(b) Electronic communication device means any device which, in its ordinary and intended use, transmits by electronic means writings, sounds, visual images, or data of any nature to another electronic communication device. Electronic communication device does not include any device provided to an inmate by the Department of Correctional Services.
(4) A violation of this section is a Class I misdemeanor.
(5) An electronic communication device involved in a violation of this section shall be subject to seizure by the Department of Correctional Services or a peace officer, and disposition may be made in accordance with the method of disposition directed for contraband in sections 29-818 and 29-820.
Source
Laws 2019, LB686, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1004 - Terms, defined.

28-1004.
Terms, defined.
As used in this section and section 28-1005, unless the context otherwise requires:
(1) Bearbaiting shall mean the pitting of any animal against a bear;
(2) Cockfighting shall mean the pitting of a fowl against another fowl;
(3) Dogfighting shall mean the pitting of a dog against another dog; and
(4) Pitting shall mean bringing animals together in combat.
Source
Laws 1988, LB 170, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1005 - Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.

28-1005.
Dogfighting, cockfighting, bearbaiting, or pitting an animal against another; prohibited acts; penalty.
(1) No person shall knowingly:
(a) Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or pitting an animal against another;
(b) Receive money for the admission of another person to a place kept for such purpose;
(c) Own, use, train, sell, or possess an animal for such purpose; or
(d) Permit any act as described in this subsection to occur on any premises owned or controlled by him or her.
(2) Any person violating subsection (1) of this section shall be guilty of a Class IIIA felony and shall also be subject to section 28-1019.
(3) No person shall knowingly and willingly be present at and witness as a spectator dogfighting, cockfighting, bearbaiting, or the pitting of an animal against another as prohibited in subsection (1) of this section. Any person who violates any provision of this subsection shall be guilty of a Class IIIA felony and shall also be subject to section 28-1019.
Source
Laws 1988, LB 170, § 3;
Laws 2003, LB 273, § 3;
Laws 2013, LB329, § 1;
Laws 2015, LB605, § 48.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1005.01 - Ownership or possession of animal fighting paraphernalia; penalty.

28-1005.01.
Ownership or possession of animal fighting paraphernalia; penalty.
(1) No person shall knowingly or intentionally own or possess animal fighting paraphernalia with the intent to commit a violation of section 28-1005.
(2)(a) For purposes of this section, except as provided in subdivision (b) of this subsection, animal fighting paraphernalia means equipment, products, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of the pitting of an animal against another as defined in section 28-1004. Animal fighting paraphernalia includes, but is not limited to, the following:
(i) A breaking stick, which means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object;
(ii) A cat mill, which means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;
(iii) A treadmill, which means an exercise device consisting of an endless belt on which the animal walks or runs without changing place;
(iv) A fighting pit, which means a walled area designed to contain an animal fight;
(v) A springpole, which means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground;
(vi) A heel, which means any edged or pointed instrument designed to be attached to the leg of a fowl;
(vii) A boxing glove or muff, which means a fitted protective covering for the spurs of a fowl; and
(viii) Any other instrument commonly used in the furtherance of pitting an animal against another.
(b) Animal fighting paraphernalia does not include equipment, products, or materials of any kind used by a veterinarian licensed to practice veterinary medicine and surgery in this state.
(3) Any person violating subsection (1) of this section is guilty of a Class I misdemeanor and may also be subject to section 28-1019.
Source
Laws 2010, LB252, § 2;
Laws 2013, LB329, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1006 - Investigation; arrest; seizure of property; reimbursement of expenses.

28-1006.
Investigation; arrest; seizure of property; reimbursement of expenses.
(1) It shall be the duty of the sheriff, a police officer, or the Nebraska State Patrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01.
(2) Any equipment, device, or other property or things involved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure, and disposition may be made in accordance with the method of disposition directed for contraband in sections 29-818 and 29-820.
(3) Any animal involved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure. Distribution or disposition shall be made as provided in section 28-1012.01 and in such manner as the court may direct. The court may give preference to adoption alternatives through humane societies or comparable institutions and to the protection of such animal's welfare. For a humane society or comparable institution to be considered as an adoption alternative under this subsection, it must first be licensed by the Department of Agriculture as having passed the inspection requirements in the Commercial Dog and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may prohibit an adopting or purchasing party from selling such animal for a period not to exceed one year.
(4) In addition to any other sentence given for a violation of section 28-1005 or 28-1005.01, the sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal, including adoption, of an animal involved in the violation of section 28-1005 or 28-1005.01. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
Source
Laws 1988, LB 170, § 4;
Laws 1997, LB 551, § 1;
Laws 2002, LB 82, § 5;
Laws 2010, LB252, § 3;
Laws 2010, LB712, § 11;
Laws 2015, LB360, § 1.
Cross References
Commercial Dog and Cat Operator Inspection Act, see section 54-625.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1007 - Sections, how construed.

28-1007.
Sections, how construed.
Sections 28-1004 to 28-1006 shall not be construed to amend or in any manner change the authority of the Game and Parks Commission under the Game Law, to prohibit any conduct authorized or permitted in the Game Law, or to prohibit the training of animals for any purpose not prohibited by law.
Source
Laws 1988, LB 170, § 5;
Laws 1998, LB 922, § 393;
Laws 2010, LB252, § 4.
Cross References
Game Law, see section 37-201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1009 - Abandonment; cruel neglect; harassment of a police animal; penalty.

28-1009.
Abandonment; cruel neglect; harassment of a police animal; penalty.
(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony.
(2)(a) Except as provided in subdivision (b) of this subsection, a person who cruelly mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IIIA felony for any subsequent offense.
(b) A person who cruelly mistreats an animal is guilty of a Class IIIA felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal.
(3) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties. Harassment of a police animal is a Class IV misdemeanor unless the harassment is the proximate cause of the death of the police animal, in which case it is a Class IIIA felony.
(4) A person convicted of a Class I misdemeanor under this section may also be subject to section 28-1019. A person convicted of a felony under this section shall also be subject to section 28-1019.
Source
Laws 1990, LB 50, § 2;
Laws 1995, LB 283, § 3;
Laws 2002, LB 82, § 6;
Laws 2003, LB 273, § 5;
Laws 2007, LB227, § 2;
Laws 2013, LB329, § 3;
Laws 2014, LB674, § 1;
Laws 2015, LB605, § 49;
Laws 2022, LB829, § 1.
Annotations
Under section 28-1019, if a person is convicted of a Class IV felony under this section, the sentencing court shall order such person not to own, possess, or reside with any animal for at least 5 years and no more than 15 years after the date of conviction. State v. Meduna, 18 Neb. App. 818, 794 N.W.2d 160 (2011).
Under subsection (1) of this section, a person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor, unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony. State v. Meduna, 18 Neb. App. 818, 794 N.W.2d 160 (2011).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1009.01 - Violence on a service animal; interference with a service animal; penalty.

28-1009.01.
Violence on a service animal; interference with a service animal; penalty.
(1) A person commits the offense of violence on a service animal when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hard of hearing person, or a physically limited person.
(2) A person commits the offense of interference with a service animal when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hard of hearing person, or a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward an animal as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf or hard of hearing, or physically limited person being served or assisted by the animal shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(4) For purposes of this section:
(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;
(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;
(c) Hard of hearing person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;
(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and
(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.
(5) Violence on a service animal or interference with a service animal is a Class III misdemeanor.
Source
Laws 1997, LB 814, § 1;
Laws 2008, LB806, § 11;
Laws 2019, LB248, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1010 - Indecency with an animal; penalty.

28-1010.
Indecency with an animal; penalty.
A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with an animal is a Class III misdemeanor. A person convicted under this section may also be subject to section 28-1019.
Source
Laws 1977, LB 38, § 216;
Laws 1978, LB 748, § 16;
R.S.1943, (1989), § 28-1003;
Laws 1990, LB 50, § 3;
Laws 2009, LB97, § 16;
Laws 2013, LB329, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1011 - Violations; liability for expenses.

28-1011.
Violations; liability for expenses.
(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the sentencing court may order the defendant to reimburse a public or private agency for any unreimbursed expenses incurred in conjunction with the care, impoundment, seizure, or disposal of an animal involved in the violation of such section. Whenever the court believes that such reimbursement may be a proper sentence or the prosecuting attorney requests, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.
(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.
Source
Laws 1990, LB 50, § 5;
Laws 1997, LB 551, § 2;
Laws 2015, LB360, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1012 - Law enforcement officer; powers and duties; immunity; seizure; court powers.

28-1012.
Law enforcement officer; powers and duties; immunity; seizure; court powers.
(1) A law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
(2) It shall be the duty of a law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated to make prompt investigation of such violation. A law enforcement officer may, in lieu of making an arrest, issue a citation to the owner or custodian as prescribed in sections 29-422 to 29-429.
(3) Any equipment, device, or other property or things involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure, and distribution or disposition may be made in such manner as the court may direct. Any animal involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure. Distribution or disposition shall be made under section 28-1012.01 as the court may direct.
(4) Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.
Source
Laws 1990, LB 50, § 4;
Laws 1997, LB 551, § 3;
Laws 2002, LB 82, § 7;
Laws 2010, LB712, § 12;
Laws 2015, LB360, § 4;
Laws 2022, LB851, § 2.