reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-814 - Criminal prosecutions; trial by jury; waiver; instructions to jury; expert witness.

28-814.
Criminal prosecutions; trial by jury; waiver; instructions to jury; expert witness.
(1) Criminal prosecutions involving the ultimate issue of obscenity, as distinguished from the issue of probable cause, shall be tried by jury, unless the defendant shall waive a jury trial in writing or by statement in open court entered on the record.
(2) The judge shall instruct the jury that the guidelines in determining whether a work, material, conduct, or live exhibition is obscene are: (a) The average person applying contemporary community standards would find the work taken as a whole goes substantially beyond contemporary limits of candor in description or presentation of such matters and predominantly appeals to the prurient, shameful, or morbid interest; (b) the work depicts in a patently offensive way sexual conduct specifically referred to in sections 28-807 to 28-829; (c) the work as a whole lacks serious literary, artistic, political, or scientific value; and (d) in applying these guidelines to the determination of whether or not the work, material, conduct, or live exhibition is obscene, each element of each guideline must be established beyond a reasonable doubt.
(3) In any proceeding, civil or criminal, under sections 28-807 to 28-829, where there is an issue as to whether or not the matter is obscene, either party shall have the right to introduce, in addition to all other relevant evidence, the testimony of expert witnesses on such issue as to any artistic, literary, scientific, political, or other societal value in the determination of the issue of obscenity.
Source
Laws 1977, LB 38, § 170;
Laws 2018, LB193, § 49.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-815 - Prosecution; defense.

28-815.
Prosecution; defense.
It shall be a defense to a prosecution under section 28-813 that:
(1) Such person's activity consists of teaching in regularly established and recognized educational institutions, galleries or libraries, or the publication or use of standard textbooks, films, tapes or visual aids of any such institution, or the practice of licensed practitioners of medicine or of pharmacy in their regular business or profession, or the possession by established schools teaching art, or by public art galleries, or artists or models in the necessary line of their art, or to relevant references to, or accounts or portrayal of, nudity, sex, or excretion in religion, art, literature, history, science, medicine, public health, law, the judicial process, law enforcement, education, public libraries, or news reports and news pictures by any form of news media of general circulation;
(2) Such person has no financial interest in an activity, product, or event entitling such person to participate in the promotion, management, proceeds, or profits of the activity, product, or event, and such person's only connection with the activity, product, or event entitles such person to a reasonable salary or wages for services actually rendered; and
(3) The provisions of sections 28-807 to 28-829 with respect to the exhibition or the possession with the intent to exhibit of any obscene film shall not apply to a motion picture projectionist, usher, or ticket taker acting within the scope of his employment if such projectionist, usher, or ticket taker has no financial interest in the place wherein he is so employed. Such person shall be required to give testimony regarding such employment in all judicial proceedings brought under sections 28-807 to 28-829 when granted immunity by the trial judge.
Source
Laws 1977, LB 38, § 171.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-816 - Violations; declaratory judgment.

28-816.
Violations; declaratory judgment.
Any city, village, or county, through its chief law enforcement officer in which a person, firm or corporation violates or is about to violate sections 28-807 to 28-829 or has in his or its possession with intent to so violate, or is about to acquire possession with intent to so violate, any work, material, conduct or live performance which is obscene or an instrument of obscene use, or purports to be for such use or purpose, may maintain an action in the district court against such person, firm or corporation for a declaratory judgment under the Uniform Declaratory Judgments Act for the purpose of obtaining a judicial determination as to whether or not such work, material, conduct or live performance is obscene.
Source
Laws 1977, LB 38, § 172.
Cross References
Uniform Declaratory Judgments Act, see section 25-21,164.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-817 - Prosecution; temporary restraining order or injunction; when.

28-817.
Prosecution; temporary restraining order or injunction; when.
(1) The plaintiff, after the commencement of such action may, if he deems it necessary in order to prevent the continued use of such work, material, conduct or live performance, request a temporary restraining order or injunction against such person, firm or corporation to prevent the violation or further violation except as provided in this section.
(2) No other temporary restraining order or injunction shall issue in advance of final adjudication by the trial court in actions brought under the provisions of sections 28-816 to 28-818 when the question of whether the work, material, conduct or live performance is obscene is in issue. If an injunction is requested, any party to the action shall be entitled to a trial of the issues within ten calendar days after service of the summons has been completed, and a decision shall be rendered by the court within two judicial days of the conclusion of the trial.
Source
Laws 1977, LB 38, § 173.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-818 - Order or judgment of injunction; contents.

28-818.
Order or judgment of injunction; contents.
If an order or judgment of injunction be entered, such order or judgment shall contain either a provision directing the person to surrender to the sheriff or police the work, material, conduct or live performance which has been adjudicated to be obscene for seizure and impoundment by the court or to destroy or remove the same from the state. No order or judgment directing such firm, person, corporation or other legal entity to destroy or to remove such work, material, conduct or live performance from the state under such supervision as the court may direct shall issue until after a final judgment has been made as the result of an appeal or in the absence of an appeal. The court shall require satisfactory proof of compliance with such order.
Source
Laws 1977, LB 38, § 174.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-819 - Action; service of summons; effect.

28-819.
Action; service of summons; effect.
Every person who sells, distributes, or acquires possession with intent to sell, exhibit, or distribute any of the work, material, conduct or live performance described in section 28-808, after service upon him of summons in such action, shall be chargeable with knowledge of the contents thereof in any subsequent prosecution.
Source
Laws 1977, LB 38, § 175.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-820 - Declaratory judgment; use of.

28-820.
Declaratory judgment; use of.
Any person who exhibits, sells or distributes, or is about to exhibit, sell or distribute or has in his or its possession with intent to sell or distribute, or is about to acquire possession with intent to exhibit, sell or distribute, any work, material, conduct or live performance shall, if such person has genuine doubt as to the question of whether such work, material, conduct or live performance is in fact within the terms and provisions of sections 28-807 to 28-829, have the right to bring an action in the district court for declaratory judgment under the Uniform Declaratory Judgments Act against the appropriate chief law enforcement officer of the city, village or county in which the work, material, conduct or live performance is located or is intended to be disseminated, distributed, or exhibited, for a judicial determination as to whether or not such work, material, conduct or live performance is obscene. Any such action may be consolidated with a pending action brought under the provisions of sections 28-816 to 28-818, and the defendant in any action brought under this section may seek a declaratory judgment or request a temporary restraining order or an injunction therein in accordance with the provisions of sections 28-816 to 28-818.
Source
Laws 1977, LB 38, § 176.
Cross References
Uniform Declaratory Judgments Act, see section 25-21,164.
Annotations
The State bears the burden of proving beyond a reasonable doubt all three elements of obscenity. Main Street Movies, Inc. v. Wellman, 257 Neb. 559, 598 N.W.2d 754 (1999).
Proof beyond a reasonable doubt is the most appropriate standard in civil obscenity cases, instituted pursuant to this section. Tipp-It, Inc. v. Conboy, 257 Neb. 219, 596 N.W.2d 304 (1999).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-821 - Conviction more than twice; continue business dealing in obscene work or conduct; effect.

28-821.
Conviction more than twice; continue business dealing in obscene work or conduct; effect.
Any person who is convicted more than twice under sections 28-807 to 28-829 and continues to use, occupy, establish or conduct a business selling, distributing, disseminating, or exhibiting any obscene work, material, conduct or live performance shall be deemed to be maintaining a nuisance and shall be enjoined as provided for in sections 28-807 to 28-829.
Source
Laws 1977, LB 38, § 177.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-822 - Nuisance; action to abate; punished as for contempt; when.

28-822.
Nuisance; action to abate; punished as for contempt; when.
Whenever a nuisance exists as provided for in sections 28-807 to 28-829, any city, village, or county, through its chief law enforcement officer, may bring an action in equity to abate such a nuisance and to perpetually enjoin the person maintaining the same from further maintenance thereof. If any person continues to use the building or place for such purpose he shall be punished as for contempt.
Source
Laws 1977, LB 38, § 178.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-823 - Temporary injunction; where brought; hearing; restraining order; issuance; inventory; rights of owner of property.

28-823.
Temporary injunction; where brought; hearing; restraining order; issuance; inventory; rights of owner of property.
The action provided for in section 28-821 shall be brought in the district court of the county in which the act of nuisance is being conducted. After filing of the petition, application for a temporary injunction may be made to the district court or judge thereof who shall grant a hearing within ten calendar days after the filing.
When such application for temporary injunction is made, the court or judge thereof may, on application of the complainant, issue a restraining order as otherwise provided for in sections 25-1062 to 25-1080, restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is being conducted until the decision of the court or judge granting or refusing such temporary injunction and until the further order of the court thereon. The officers serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance and further violations of sections 28-807 to 28-829. The owner of any real or personal property closed or restrained or to be closed or restrained may appear between the filing of the complaint and the hearing on the application for permanent injunction, and upon payment of all costs incurred and upon the filing of a bond by the owner of the real property with sureties to be approved by the clerk of the district court in the full value of the property to be ascertained by the court, conditioned that such owner will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court is rendered on the application for a permanent injunction, and the court, if satisfied with the good faith of the owner of the real property and of innocence on the part of the owner of the personal property of any knowledge of the use of such personal property as a nuisance and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof, and discharge or refrain from issuing at the time of the hearing on the application for the temporary injunction any order closing such real property or restraining the removal or interference with such personal property. The release of any real or personal property under this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected. In no event shall any work, material, conduct or live performance not adjudicated to be obscene under sections 28-807 to 28-829 be enjoined.
Source
Laws 1977, LB 38, § 179.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-824 - Trial; precedence; evidence; admissible; existence of nuisance; enjoin defendant.

28-824.
Trial; precedence; evidence; admissible; existence of nuisance; enjoin defendant.
The action provided for in sections 28-807 to 28-829 shall be set down for trial and shall have precedence over all other cases except crimes, election contests, or injunctions. In such action evidence of the general reputation of the place or an admission or finding of guilt of any person under the criminal laws of this state against obscenity at any such place shall be admissible for the purpose of proving the existence of such nuisance and shall be prima facie evidence of such nuisance and of knowledge of and acquiescence and participation therein on the part of the person charged with maintaining such nuisance. If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendant or the same defendant acting directly or indirectly through other persons from further maintaining the nuisance at the place complained of or at any other location whether within or without the judicial district of the court hearing such proceedings for a period of three years.
Source
Laws 1977, LB 38, § 180.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-825 - Nuisance; existence; order of abatement; closing order.

28-825.
Nuisance; existence; order of abatement; closing order.
If the existence of a nuisance is admitted or established in an action as provided for in sections 28-807 to 28-829, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in section 28-823, and shall direct the sale of such thereof as belonging to the defendants notified or appearing in the manner provided for the sale of personal property under execution. Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided for in sections 28-807 to 28-829 or, if not so furnished, shall continue for one year any closing order issued at the time of the granting of the temporary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any illegal purpose unless otherwise released. The owner of any place closed and not released under bond may then appear and obtain such release in the manner and upon fulfilling the requirements provided for in sections 28-807 to 28-829. The release of the property under this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject. Owners of unsold personal property and contents so seized may appear and claim the same within ten days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of such use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action is presumed to have had knowledge of the general reputation of the place. If such innocence is established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as provided in this section and all consideration received is recoverable as damages to the county where the nuisance was located.
Source
Laws 1977, LB 38, § 181;
Laws 1978, LB 748, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-826 - Tenant or occupant of building; use to commit violations; conviction; right of possession in owner.

28-826.
Tenant or occupant of building; use to commit violations; conviction; right of possession in owner.
If a tenant or occupant of a building or tenement under lawful title used such place for the purposes of committing a violation of sections 28-807 to 28-829, and if such tenant or occupant is convicted of such violation, such conviction shall make the lease or other title which he holds void at the option of the owner, and without any act of the owner, cause the right of possession to revert and vest in such owner, who may without further process of law make immediate entry upon the premises and retake possession.
Source
Laws 1977, LB 38, § 182.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-827 - Material or work; adjudicated obscene; contraband; proceeds of sale to county; other copies; disposal.

28-827.
Material or work; adjudicated obscene; contraband; proceeds of sale to county; other copies; disposal.
Material or work introduced in evidence and judicially adjudicated to be obscene is contraband and there are no property rights therein. All monetary consideration received for such work, material, conduct or live performance is recoverable as damages to the county where sold or exhibited. The defendant, as part of the court order, shall be required to remove from the state all other identical copies owned or controlled by such defendant within five days after a court determination of obscenity thereof or the same shall be deemed forfeited to the state for destruction by the state.
Source
Laws 1977, LB 38, § 183;
Laws 1978, LB 748, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-828 - Proceeding, civil or criminal; application to court for copy of material; order; contempt of court, when.

28-828.
Proceeding, civil or criminal; application to court for copy of material; order; contempt of court, when.
In any proceeding, civil or criminal under sections 28-807 to 28-829, the party charged with possession of any obscene material shall be required, upon application by petitioner and order of the court, to provide one copy of such material to petitioner to be used in the preparation and trial of such proceedings. Failure to comply with this section shall be punishable as contempt of court.
Source
Laws 1977, LB 38, § 184.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-829 - Sections; uniform application; laws and regulations of political subdivisions; void.

28-829.
Sections; uniform application; laws and regulations of political subdivisions; void.
In order to provide for the uniform application of sections 28-807 to 28-829 within this state, it is intended that the sole and only regulation of the commercial distribution of any work, material, conduct or live performance described as obscene shall be under sections 28-807 to 28-829, and no municipality, county, or other governmental unit within this state shall make any law, ordinance or regulation relating to obscenity, or licenses or taxes respecting the obscene work, material, conduct or live performance as regulated by the state under sections 28-807 to 28-829. All such laws, ordinances, regulations, special or discriminatory taxes, or licenses, whether enacted or issued before or after sections 28-807 to 28-829, shall be void, unenforceable, and of no effect.
Source
Laws 1977, LB 38, § 185.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-831 - Human trafficking; labor trafficking or sex trafficking; labor trafficking of a minor or sex trafficking of a minor; prohibited acts; penalties.

28-831.
Human trafficking; labor trafficking or sex trafficking; labor trafficking of a minor or sex trafficking of a minor; prohibited acts; penalties.
(1) Any person who engages in labor trafficking of a minor or sex trafficking of a minor is guilty of a Class IB felony.
(2) Any person who engages in labor trafficking or sex trafficking is guilty of a Class II felony.
(3) Any person, other than a trafficking victim, who knowingly benefits from or participates in a venture which has, as part of the venture, an act that is in violation of this section is guilty of a Class IIA felony.
(4) It is not a defense in a prosecution under this section (a) that consent was given by the minor victim, (b) that the defendant believed that the minor victim gave consent, or (c) that the defendant believed that the minor victim was an adult.
Source
Laws 2006, LB 1086, § 11;
Laws 2013, LB255, § 7;
Laws 2014, LB998, § 5;
Laws 2015, LB294, § 12;
Laws 2017, LB289, § 9.
Annotations
A defendant's knowledge of the victim's age is not an essential element of the offense of sex trafficking of a minor. State v. Swindle, 300 Neb. 734, 915 N.W.2d 795 (2018).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-833 - Enticement by electronic communication device; penalty.

28-833.
Enticement by electronic communication device; penalty.
(1) A person commits the offense of enticement by electronic communication device if he or she is nineteen years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under sixteen years of age or a peace officer who is believed by such person to be a child under sixteen years of age and in so doing:
(a) Uses or transmits any indecent, lewd, lascivious, or obscene language, writing, or sound;
(b) Transmits or otherwise disseminates any visual depiction of sexually explicit conduct as defined in section 28-1463.02; or
(c) Offers or solicits any indecent, lewd, or lascivious act.
(2) Enticement by electronic communication device is a Class IV felony.
(3) Enticement by electronic communication device is deemed to have been committed either at the place where the communication was initiated or where it was received.
(4) For purposes of this section, 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.
Source
Laws 2007, LB142, § 2.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Where a prosecution involves a minor child rather than a decoy, a defendant's knowledge that the recipient is under age 16 is an element of the crime of enticement by electronic communication device. State v. Paez, 302 Neb. 676, 925 N.W.2d 75 (2019).
This section is not overbroad and thus, does not violate the First Amendment. State v. Kass, 281 Neb. 892, 799 N.W.2d 680 (2011).
This section proscribes a person age 19 or older from knowingly and intentionally using an electronic communication device to contact a child under age 16, or peace officer whom the person believes to be a child under age 16, and using language that conjures up repugnant sexual images. State v. Kass, 281 Neb. 892, 799 N.W.2d 680 (2011).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-901 - Obstructing government operations; penalty.

28-901.
Obstructing government operations; penalty.
(1) A person commits the offense of obstructing government operations if he intentionally obstructs, impairs, or perverts the administration of law or other governmental functions by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
(2) Obstructing government operations is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 186.
Annotations
A police chief's failure to forward, in accordance with section 29-424, to the county attorney a citation charging a city employee with a crime in order to prevent the city employee's employment from being terminated was obstructing government operations as set forth in subsection (1) of this section. The police chief obstructed or impaired a governmental function by failing to forward the citation to the county attorney, as required by section 29-424, because the action of failing to forward the citation impaired the county attorney's performance of its prosecutorial functions. The police chief did not have discretion to remove the citation of the city employee from the packet of citations to be sent to the county attorney such to conclude that he did not breach section 29-424. State v. Wilkinson, 293 Neb. 876, 881 N.W.2d 850 (2016).
A defendant may not be convicted of obstructing government operations by a physical act unless the public servant was engaged in a specific authorized act at the time of the physical interference. State v. Stolen, 276 Neb. 548, 755 N.W.2d 596 (2008).
The physical act component of this section consists of disjunctive, or independent, elements; force or violence is not required in all circumstances involving obstruction of government operations by physical act, partially overruling State v. Fahlk, 246 Neb. 834, 524 N.W.2d 39 (1994). State v. Stolen, 276 Neb. 548, 755 N.W.2d 596 (2008).
This section proscribes three separate means of committing obstruction of government operations; the physical act component must consist of some physical interference, force, violence, or obstacle. State v. Stolen, 276 Neb. 548, 755 N.W.2d 596 (2008).
Failure to volunteer information is not a physical act that violates this section. Nor are mere words, even those words deliberately intended to frustrate law enforcement, physical acts. State v. Fahlk, 246 Neb. 834, 524 N.W.2d 39 (1994).
The offense must consist of physical interference or some unlawful act. State v. Douglas, 217 Neb. 199, 349 N.W.2d 870 (1984).
The defendant's cleaning of a campsite and removal of alcohol containers were physical acts contemplated by the plain language of this section. State v. Stolen, 16 Neb. App. 121, 741 N.W.2d 168 (2007).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-903 - Refusing to aid a peace officer; penalty.

28-903.
Refusing to aid a peace officer; penalty.
(1) A person commits the offense of refusing to aid a peace officer if, upon request by a person known to him to be a peace officer, he unreasonably refuses or fails to aid such peace officer in:
(a) Apprehending any person charged with or convicted of any offense against any of the laws of this state; or
(b) Securing such offender when apprehended; or
(c) Conveying such offender to the jail of the county.
(2) Refusing to aid a peace officer is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 188.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-904 - Resisting arrest; penalty; affirmative defense.

28-904.
Resisting arrest; penalty; affirmative defense.
(1) A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another, he or she:
(a) Uses or threatens to use physical force or violence against the peace officer or another; or
(b) Uses any other means which creates a substantial risk of causing physical injury to the peace officer or another; or
(c) Employs means requiring substantial force to overcome resistance to effecting the arrest.
(2) It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself or herself as a peace officer by showing his or her credentials to the person whose arrest is attempted.
(3) Resisting arrest is (a) a Class I misdemeanor for the first such offense and (b) a Class IIIA felony for any second or subsequent such offense.
(4) Resisting arrest through the use of a deadly or dangerous weapon is a Class IIIA felony.
Source
Laws 1977, LB 38, § 189;
Laws 1982, LB 465, § 2;
Laws 1997, LB 364, § 10.
Annotations
In prosecutions for assaulting a peace officer, obstructing a peace officer, or resisting arrest, a trial court must instruct the jury on the issue of self-defense when there is any evidence adduced which raises a legally cognizable claim that the peace officer used unreasonable force in making the arrest. State v. Yeutter, 252 Neb. 857, 566 N.W.2d 387 (1997).
This is a serious offense for which a jury trial is constitutionally required unless knowingly and intelligently waived by the defendant. State v. Bishop, 224 Neb. 522, 399 N.W.2d 271 (1987).
It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself as a peace officer by showing his credentials to the person whose arrest is attempted. State v. Daniels, 220 Neb. 480, 370 N.W.2d 179 (1985).
Where there was evidence that the arrester communicated his intention to arrest the arrestee, the arrestee understood the intention, and the arrester had the apparent ability to control the arrestee, a jury instruction on resisting arrest was not necessary. State v. White, 209 Neb. 218, 306 N.W.2d 906 (1981).
Because neither "substantial" nor "substantial force" were defined in either this section or section 28-109, and definitions of such were also absent in the relevant Nebraska case law, the district court's jury instruction, which gave a partial and incomplete dictionary definition, misstated the issue and had a tendency to confuse the jury. The jury reached a guilty verdict 10 minutes after receiving the erroneous supplemental instruction, and thus, the verdict rendered was not surely unattributable to the error and not harmless; the conviction was reversed and the cause remanded for a new trial. State v. Gaudreault, 30 Neb. App. 501, 969 N.W.2d 695 (2022).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-908 - Interfering with a fireman on official duty; penalty; fireman, defined.

28-908.
Interfering with a fireman on official duty; penalty; fireman, defined.
(1) A person commits the offense of interfering with a fireman if at any time and place where any fireman is discharging or attempting to discharge any official duties, he willfully:
(a) Resists or interferes with the lawful efforts of any fireman in the discharge or attempt to discharge an official duty; or
(b) Disobeys the lawful orders given by any fireman while performing his duties; or
(c) Engages in any disorderly conduct which delays or prevents a fire from being extinguished within a reasonable time; or
(d) Forbids or prevents others from assisting or extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, not to assist in extinguishing a fire.
(2) As used in this section, fireman shall mean any person who is an officer, employee, or member of a fire department or fire-protection or firefighting agency of the federal government, the State of Nebraska, a city, county, city and county, district, or other public or municipal corporation or political subdivision of the state, whether such person is a volunteer or partly paid or fully paid, while he is actually engaged in firefighting, fire supervision, fire suppression, fire prevention, or fire investigation.
(3) Interference with a fireman on official duty is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 193.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-909 - Falsifying records of a public utility; penalty.

28-909.
Falsifying records of a public utility; penalty.
(1) Any person who shall knowingly falsify or direct or authorize the falsifying of any record of a public utility operating in the State of Nebraska in any manner affecting directly or indirectly the value of its investment or the rate of return or earnings or expenditures of such public utility or who shall certify any reports of the investment, operating receipts, or expenditures of such public utilities to any regulatory body, whether state or municipal, under any statute, order, resolution, or ordinance lawfully passed, knowing such reports so certified to contain any item or element of rebate, secret charge, bonus, or gratuity paid or promised to any officer, stockholder, agent, or other person, directly or indirectly, or knowing such report to be untrue or incomplete in any particular, without disclosing this information in such report, shall be guilty of falsifying records of a public utility.
(2) Falsifying records of a public utility is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 194.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-910 - Filing false reports with regulatory bodies; penalty.

28-910.
Filing false reports with regulatory bodies; penalty.
(1) Any firm or corporation operating a public utility in this state which shall file with any regulatory body, whether state or municipal, under any statute, order, resolution, or ordinance lawfully passed, any report or reports containing false statements, knowing the same to be false, affecting directly or indirectly, the value of its investment or the rate of return or earnings or expenditures of such public utility shall be guilty of filing false reports with regulatory bodies.
(2) Filing false reports with regulatory bodies is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 195.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-911 - Abuse of public records; penalty; public record, defined.

28-911.
Abuse of public records; penalty; public record, defined.
(1) A person commits abuse of public records, if:
(a) He knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record; or
(c) Knowing he lacks the authority to retain the record, he refuses to deliver up a public record in his possession upon proper request of any person lawfully entitled to receive such record; or
(d) He makes, presents, or uses any record, document, or thing, knowing it to be false, and with the intention that it be taken as a genuine part of the public record.
(2) As used in this section, the term public record includes all official books, papers, or records created, received, or used by or in any governmental office or agency.
(3) Abuse of public records is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 196.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-912.01 - Juvenile; escapes; prohibited acts; penalty.

28-912.01.
Juvenile; escapes; prohibited acts; penalty.
Any person who entices or attempts to entice a juvenile away from a facility or program when the juvenile has been legally placed with or committed to the Office of Juvenile Services or who knowingly harbors, transports, conceals, or aids in harboring, transporting, or concealing any juvenile who has escaped from the custody of the Office of Juvenile Services is guilty of a Class IV felony.
Source
Laws 1901, c. 51, § 12, p. 408;
R.S.1913, § 7380;
C.S.1922, § 7039;
C.S.1929, § 83-1110;
R.S.1943, § 83-473;
Laws 1969, c. 817, § 81, p. 3111;
Laws 1977, LB 39, § 315;
Laws 1993, LB 31, § 45;
Laws 1994, LB 988, § 36;
R.S.1943, (1994), § 83-473;
Laws 1998, LB 1073, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-913 - Implements for escape; other contraband; penalty.

28-913.
Implements for escape; other contraband; penalty.
(1) A person commits an offense if he unlawfully introduces within a detention facility, or unlawfully provides an inmate with, any weapon, tool, or other thing which may be useful for escape. An inmate commits an offense if he unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape. Unlawfully means surreptitiously or contrary to law, regulation, or order of the detaining authority.
(2) Introducing escape implements is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 198.
Annotations
The crime of escape may, but does not necessarily, include the use of force. State v. White, 209 Neb. 218, 306 N.W.2d 906 (1981).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-914 - Loitering about a penal institution; penalty.

28-914.
Loitering about a penal institution; penalty.
(1) Any person who loiters about a penal institution in this state and engages in an unauthorized conversation with or passes any unauthorized message or messages to any inmate of such institution, or fails or refuses to leave the immediate vicinity of a penal institution when ordered to do so by a peace officer or correctional official, commits the offense of loitering about a penal institution.
(2) Loitering about a penal institution is a Class III misdemeanor.
(3) For purposes of this section, penal institution includes a jail, prison, penitentiary, house of correction, or other place of penal detention.
Source
Laws 1977, LB 38, § 199;
Laws 1995, LB 352, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-915.01 - False statement under oath or affirmation; penalty; applicability of section.

28-915.01.
False statement under oath or affirmation; penalty; applicability of section.
(1) A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, or makes a false statement in an unsworn declaration that meets the requirements of the Uniform Unsworn Foreign Declarations Act, when he or she does not believe the statement to be true, is guilty of a Class I misdemeanor if the falsification:
(a) Occurs in an official proceeding; or
(b) Is intended to mislead a public servant in performing his or her official function.
(2) A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, or makes a false statement in an unsworn declaration that meets the requirements of the Uniform Unsworn Foreign Declarations Act, when he or she does not believe the statement to be true, is guilty of a Class II misdemeanor if the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.
(3) Subsections (4) through (7) of section 28-915 shall apply to subsections (1) and (2) of this section.
(4) This section shall not apply to reports, statements, affidavits, or other documents made or filed pursuant to the Nebraska Political Accountability and Disclosure Act.
Source
Laws 1987, LB 451, § 4;
Laws 2007, LB464, § 1;
Laws 2013, LB79, § 1;
Laws 2017, LB57, § 2.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
Uniform Unsworn Foreign Declarations Act, see section 49-1801.
Annotations
A person can be convicted of making a false statement under oath when making a statement based on a belief that he or she knows is false. Perjury can be proved either by two witnesses or by one witness, together with material and independently established corroborative facts sufficient to amount to the testimony of another witness. State v. McCaslin, 240 Neb. 482, 482 N.W.2d 558 (1992).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-916 - Terms, defined.

28-916.
Terms, defined.
As used in sections 28-916 to 28-923, unless the context otherwise requires:
(1) Juror means any person who is a member of any petit jury or grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The word juror also includes any person who has been drawn or summoned to attend as a potential juror;
(2) Testimony means oral or written statements, documents, or any other evidence that may be offered by or through a witness in an official proceeding; and
(3) Official proceeding means a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding.
Source
Laws 1977, LB 38, § 201;
Laws 2020, LB387, § 40.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-916.01 - Terms, defined.

28-916.01.
Terms, defined.
As used in this section and sections 28-915, 28-915.01, 28-919, and 28-922, unless the context otherwise requires:
(1) Administrative proceeding shall mean any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals;
(2) Benefit shall mean gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he or she is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;
(3) Government shall include any branch, subdivision, or agency of the government of the state or any locality within it;
(4) Harm shall mean loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person or entity in whose welfare he or she is interested;
(5) Pecuniary benefit shall mean benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain;
(6) Public servant shall mean any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant, or otherwise, in performing a governmental function, but the term shall not include witnesses;
(7) Official proceeding shall mean a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding; and
(8) Statement shall mean any representation, but shall include a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
Source
Laws 1987, LB 451, § 2;
Laws 2019, LB496, § 1.
Annotations
A proceeding is not made official by the formality with which it is conducted; instead, its officiality depends on its purpose and the authority from which it derives. Hence, a false sworn statement made for use in a pending judicial proceeding was considered to have been made in connection with an official proceeding for purposes of subornation of perjury. State v. Meehan, 7 Neb. App. 639, 585 N.W.2d 459 (1998).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-917 - Bribery; penalty.

28-917.
Bribery; penalty.
(1) A person commits bribery if:
(a) He offers, confers, or agrees to confer any benefit upon a public servant or peace officer with the intent to influence that public servant or peace officer to violate his public duty, or oath of office, thereby influencing the public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his official capacity; or
(b) While a public servant or peace officer, he solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that he will violate his public duty or oath of office by changing or amending his vote, opinion, judgment, exercise of discretion, or other action or inaction as a public servant or peace officer.
(2) It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason.
(3) Bribery is a Class IV felony.
Source
Laws 1977, LB 38, § 202.
Annotations
This section does not repeal by implication section 49-14,101. This section prohibits anyone from conferring or offering to confer "any benefit" upon a public servant with the intent to influence that public servant's actions in his official capacity. State v. Null, 247 Neb. 192, 526 N.W.2d 220 (1995).
The crime of felony bribery is not committed unless the acts of the defendant actually influence a public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his or her official capacity. State v. Kao, 3 Neb. App. 727, 531 N.W.2d 555 (1995).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-918 - Bribery of a witness; penalty; witness receiving bribe; penalty.

28-918.
Bribery of a witness; penalty; witness receiving bribe; penalty.
(1) A person commits bribery of a witness if he offers, confers, or agrees to confer any benefit upon a witness or a person he believes is about to be called as a witness in any official proceeding with intent to:
(a) Influence him to testify falsely or unlawfully withhold any testimony; or
(b) Induce him to avoid legal process summoning him to testify; or
(c) Induce him to absent himself from an official proceeding to which he has been legally summoned.
(2) Bribery of a witness is a Class IV felony.
(3) A person who is a witness or has been called as a witness in any official proceeding commits a Class IV felony if he accepts or agrees to accept any benefit from any other person for the purposes set forth in subsection (1) of this section.
Source
Laws 1977, LB 38, § 203.