reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1315 - Locks and keys; terms, defined.

28-1315.
Locks and keys; terms, defined.
As used in section 28-1316, unless the context otherwise requires:
(1) Change key shall mean a key planned and cut to operate a specific lock;
(2) Try-out key shall mean a key which may or may not be one of a set of similar keys, each key made to operate a series or group of a total series of locks, the key or keys being constructed to take advantage of unplanned construction similarities in the series or group of locks;
(3) Wiggle key or manipulation key shall mean a material device which may be variably positioned or manipulated in a lock's keyway until such action develops a condition within the lock which enables the lock to be operated. Wiggle keys or manipulation keys may or may not resemble normally used keys;
(4) Master key shall mean a key planned and cut to operate all locks in a series or group of locks, each lock having its own key other than the master key for that individual lock only, and each lock constructed as a part of the series or group for operation with the master key. For the purpose of section 28-1316, submaster keys, grand master keys, great grand master keys, emergency keys, and overriding keys are to be considered as master keys;
(5) Keyed-alike locks shall mean a series or group of locks designed and constructed to be operated with the same change key;
(6) Locksmith shall mean a person dealing in the mechanical action and the correct operation of all types of locks and cylinder devices, whose trade or occupation is primarily repairing, opening or closing such locks or devices by mechanical means other than the key designed for that particular mechanism without altering, marring, or destroying the original condition or effectiveness of such mechanism; and
(7) Key master or key cutter shall mean a person other than a locksmith, whose primary and only function is the cutting and duplicating of keys.
Source
Laws 1977, LB 38, § 299.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1316 - Unlawful use of locks and keys; penalty; exceptions.

28-1316.
Unlawful use of locks and keys; penalty; exceptions.
(1) A person commits the offense of unlawful use of locks and keys if he or she:
(a) Sells, offers to sell, or gives to any person other than a law enforcement agency, dealer licensed under the Motor Vehicle Industry Regulation Act, motor vehicle manufacturer, or person regularly carrying on the profession of a locksmith any try-out key, manipulation key, wiggle key, or any other device designed to be used in place of the normal change key of any motor vehicle; or
(b) Has in his or her possession any try-out key, wiggle key, manipulation key, or any other device designed to be used in place of the normal change key of any motor vehicle unless he or she is a locksmith, locksmith manufacturer, dealer licensed under the Motor Vehicle Industry Regulation Act, motor vehicle manufacturer, or law enforcement agency; or
(c) Duplicates a master key for anyone unless written permission has been granted by the person who has legal control of the master key. All master keys shall be stamped with the words DO NOT DUPLICATE. All duplications of master keys shall also be stamped with the words DO NOT DUPLICATE.
(2) Nothing in subsection (1) of this section shall be construed to make it unlawful if:
(a) The owner of two or more vehicles possesses a change key that can be used on two or more vehicles that he or she owns; or
(b) Such owner changes the locks on such vehicle so that they are keyed alike; or
(c) Any person makes or duplicates the original change keys for such an owner; or
(d) Anyone stamps any other type of key with the words DO NOT DUPLICATE.
(3) Unlawful use of locks and keys is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 300;
Laws 2010, LB816, § 2.
Cross References
Motor Vehicle Industry Regulation Act, see section 60-1401.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1317 - Unlawful picketing; penalty.

28-1317.
Unlawful picketing; penalty.
(1) A person commits the offense of unlawful picketing if, either singly or by conspiring with others, he or she interferes, or attempts to interfere, with any other person in the exercise of his or her lawful right to work, or right to enter upon or pursue any lawful employment he or she may desire, in any lawful occupation, self-employment, or business carried on in this state, by:
(a) Using threatening language toward such person or any member of his or her immediate family, or in his, her, or their presence or hearing, for the purpose of inducing or influencing, or attempting to induce or influence, such person to quit his or her employment, or to refrain from seeking or freely entering into employment; or
(b) Following or intercepting such person from or to his or her work, from or to his or her home or lodging, or about the city, against the will of such person, for such purpose; or
(c) Menacing, threatening, coercing, intimidating, or frightening in any manner such person for such purpose; or
(d) Committing an assault upon such person for such purpose; or
(e) Picketing or patrolling the place of residence of such person, or any street, alley, road, highway, or any other place, where such person may be, or in the vicinity thereof, for such purpose, against the will of such person.
(2) Unlawful picketing is a Class III misdemeanor. Each violation shall constitute a separate offense.
Source
Laws 1977, LB 38, § 301;
Laws 2007, LB1, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1318 - Mass picketing, defined; penalty; display of sign required.

28-1318.
Mass picketing, defined; penalty; display of sign required.
(1) Mass picketing shall mean any form of picketing in which pickets constitute an obstacle to the free ingress and egress to and from the premises being picketed or any other premises, or upon the public roads, streets, or highways, either by obstructing by their persons or by the placing of vehicles or other physical obstructions.
(2) A person commits the offense of mass picketing if singly or in concert with others, he or she engages in or aids and abets any form of picketing activity that constitutes mass picketing as defined in subsection (1) of this section.
(3) Mass picketing is a Class III misdemeanor. Each violation shall constitute a separate offense.
(4) Any person who shall legally picket by any means or methods other than those forbidden in this section or in section 28-1317 shall visibly display on his or her person a sign showing the name of the protesting organization he or she represents. The composition of the sign shall be uppercase lettering of not less than two and one-half inches in height.
Source
Laws 1977, LB 38, § 302;
Laws 2007, LB1, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1319 - Interfering with picketing; penalty.

28-1319.
Interfering with picketing; penalty.
(1) A person commits the offense of interfering with picketing if, acting separately or with others, he interferes with any picketing not described as mass picketing in section 28-1318, except that this provision shall not apply to duly qualified peace officers or to court action.
(2) Interfering with picketing is a Class III misdemeanor. Each violation shall constitute a separate offense.
Source
Laws 1977, LB 38, § 303.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1320 - Intimidating pickets; penalty.

28-1320.
Intimidating pickets; penalty.
(1) A person commits the offense of intimidating pickets if he intimidates or attempts to intimidate any striker by threat of the loss of any right or condition of employment, that directly or indirectly would affect the lawful conduct of said striker in any way.
(2) Intimidation of pickets is a Class III misdemeanor. Each violation shall constitute a separate offense.
Source
Laws 1977, LB 38, § 304.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1320.01 - Unlawful picketing of a funeral; legislative findings.

28-1320.01.
Unlawful picketing of a funeral; legislative findings.
(1) The Legislature finds that families have a legitimate and legally cognizable interest in organizing and attending funerals for deceased relatives and that the rights of families to peacefully and privately mourn the death of relatives are violated when funerals are targeted for picketing or protest activities.
(2) The Legislature also recognizes that individuals have a constitutional right to free speech and that in the context of funeral ceremonies, the competing interests of picketers and funeral participants must be balanced. Therefor, the Legislature declares that the purposes of sections 28-1320.01 to 28-1320.03 are to protect the privacy of grieving families and to preserve the peaceful character of cemeteries, mortuaries, churches, and other places of worship during a funeral while still providing picketers and protestors the opportunity to communicate their message at a time and place that minimizes the interference with the rights of funeral participants.
Source
Laws 2006, LB 287, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1320.02 - Unlawful picketing of a funeral; terms, defined.

28-1320.02.
Unlawful picketing of a funeral; terms, defined.
For purposes of sections 28-1320.01 to 28-1320.03, the following definitions apply:
(1) Funeral means the ceremonies and memorial services held in connection with the burial or cremation of the dead but does not include funeral processions on public streets or highways; and
(2) Picketing of a funeral means protest activities engaged in by a person or persons located within five hundred feet of a cemetery, mortuary, church, or other place of worship during a funeral.
Source
Laws 2006, LB 287, § 2;
Laws 2011, LB284, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1320.03 - Unlawful picketing of a funeral; penalty.

28-1320.03.
Unlawful picketing of a funeral; penalty.
(1) A person commits the offense of unlawful picketing of a funeral if he or she engages in picketing from one hour prior to through two hours following the commencement of a funeral.
(2) Unlawful picketing of a funeral is a Class III misdemeanor.
Source
Laws 2006, LB 287, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1321 - Maintaining a nuisance; penalty; abatement or removal.

28-1321.
Maintaining a nuisance; penalty; abatement or removal.
(1) A person commits the offense of maintaining a nuisance if he erects, keeps up or continues and maintains any nuisance to the injury of any part of the citizens of this state.
(2) The erecting, continuing, using, or maintaining of any building, structure, or other place for the exercise of any trade, employment, manufacture, or other business which, by occasioning noxious exhalations, noisome or offensive smells, becomes injurious and dangerous to the health, comfort, or property of individuals or the public; the obstructing or impeding, without legal authority, of the passage of any navigable river, harbor, or collection of water; or the corrupting or rendering unwholesome or impure of any watercourse, stream, or water; or unlawfully diverting any such watercourse from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, building, structures or otherwise of any of the public highways or streets or alleys of any city or village, shall be deemed nuisances.
(3) A person guilty of erecting, continuing, using, maintaining or causing any such nuisance shall be guilty of a violation of this section, and in every such case the offense shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby.
(4) Maintenance of nuisances is a Class III misdemeanor.
(5) The court, in case of conviction of such offense, shall order every such nuisance to be abated or removed.
Source
Laws 1977, LB 38, § 305.
Cross References
Nebraska Right to Farm Act, see sections 2-4401 to 2-4404.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1322 - Disturbing the peace; penalty.

28-1322.
Disturbing the peace; penalty.
(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.
(2) Disturbing the peace is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 306.
Annotations
A school security officer or campus supervisor may be a victim of disturbing the peace. In re Interest of Elainna R., 298 Neb. 436, 904 N.W.2d 689 (2017).
The State cannot constitutionally criminalize speech under this section solely because it inflicts emotional injury, annoys, offends, or angers another person. But speech can be criminalized under this section if it tends to or is likely to provoke violent reaction. State v. Drahota, 280 Neb. 627, 788 N.W.2d 796 (2010).
Under subsection (1) of this section, the definition of breach of the peace is broad enough to include the offense of disturbing the peace; it signifies the offense of disturbing the public peace or tranquility enjoyed by citizens of a community. The term "breach of the peace" is generic and includes all violations of public peace, order, or decorum, or acts tending to the disturbance thereof. Provocative language consisting of profane, indecent, or abusive remarks directed to the person of the hearer may amount to a breach of the peace, and such language constitutes "fighting" words, which are not constitutionally protected forms of speech. State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1323 - Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, or film; unlawful; exemption.

28-1323.
Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, or film; unlawful; exemption.
Unless exempt under section 28-1325, it is unlawful for any person, firm, partnership, limited liability company, corporation, or association knowingly to (1) transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film, or other article or (2) sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution, or circulation, or cause to be sold, distributed, or circulated, offered for sale, distribution, or circulation, or possessed for sale, distribution, or circulation any article or device on which sounds have been transferred without the consent of the person who owns the master phonograph record, master disc, master tape, master wire, master film, or other article from which the sounds are derived.
Source
Laws 1977, LB 38, § 307;
Laws 1993, LB 121, § 185.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1324 - Sell, distribute, circulate, offer for sale, or possess phonograph record, disc, wire, tape, film, or sounds transferred; unlawful; exception.

28-1324.
Sell, distribute, circulate, offer for sale, or possess phonograph record, disc, wire, tape, film, or sounds transferred; unlawful; exception.
It is unlawful for any person, firm, partnership, limited liability company, corporation, or association to sell, distribute, circulate, offer for sale, distribution, or circulation, or possess for the purpose of sale, distribution, or circulation any phonograph record, disc, wire, tape, film, or other article on which sounds have been transferred unless such phonograph record, disc, wire, tape, film, or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.
Source
Laws 1977, LB 38, § 308;
Laws 1993, LB 121, § 186.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1325 - Transfer of sounds; sections; when not applicable.

28-1325.
Transfer of sounds; sections; when not applicable.
Sections 28-1323 to 28-1326 do not apply to any person who transfers or causes to be transferred any sounds (1) intended for or in connection with radio or television broadcast transmission or related uses, (2) for archival purposes, (3) solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer, or (4) intended for use by an educational institution, school, or other person for instructional or educational uses.
Source
Laws 1977, LB 38, § 309.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1326 - Transfer of sounds; violations; penalty.

28-1326.
Transfer of sounds; violations; penalty.
Any person violating the provisions of section 28-1323 or 28-1324 shall be guilty of a Class II misdemeanor.
Source
Laws 1977, LB 38, § 310.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1329 - Receptacle, other term, defined.

28-1329.
Receptacle, other term, defined.
As used in sections 28-1329 to 28-1334, unless the context otherwise requires:
(1) Receptacle shall mean not only bottles, siphons, tins, kegs, one-eighth barrels, quarter barrels, half barrels, barrels, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for holding any of the commodities in the sections mentioned; and
(2) Requirement for a written transfer, bill of sale, authority, or consent shall mean that it shall be signed by the person named in the certificate issued by the Secretary of State as provided in such sections, or by a transferee claiming under a written transfer signed by such person, or by an agent whose authority is in writing signed by such person or such transferee.
Source
Laws 1977, LB 38, § 313.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1330 - Nonintoxicating beverages, milk, and milk products; brand or mark on container; filing with Secretary of State; publication; certificate; fee.

28-1330.
Nonintoxicating beverages, milk, and milk products; brand or mark on container; filing with Secretary of State; publication; certificate; fee.
Any person engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, cider, ginger ale and other unintoxicating beverages, milk, buttermilk, cream, ice cream or butter in any kind of receptacle having the name of such person or other mark or device printed, stamped, engraved, etched, blown, impressed, riveted or otherwise produced or permanently fixed upon the same, may file in the office of the Secretary of State for record a description of the name, mark, or device so used and cause such description to be printed once each week for three successive weeks in a newspaper published in the county in which the principal place of business of such person is located, or if the principal place of business of such person is located in another state, then in the county wherein the principal office or depot within the State of Nebraska is located. It shall be the duty of the Secretary of State to issue to the person so filing for record a description of such name, mark, or device in his office, a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar. Such certificate in all prosecutions under sections 28-1329 to 28-1334 shall be prima facie evidence of the adoption of such name, mark, or device, and of the right of the person named therein to adopt and use the same.
Source
Laws 1977, LB 38, § 314.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1331 - Unauthorized use of receptacle; penalty; separate offense.

28-1331.
Unauthorized use of receptacle; penalty; separate offense.
(1) A person commits unauthorized use of receptacle if he fills any receptacle bearing a name, mark, or device recorded as provided in section 28-1330 with soda water, mineral or aerated waters, cider, ginger ale and other unintoxicating beverages, milk, buttermilk, cream, ice cream or butter, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, mark, or device on any such receptacle, or to buy, sell, give, take, dispose of in any way, traffic in or destroy any receptacle bearing any such name, mark, or device unless it is the person named in the certificate issued by the Secretary of State, as provided in section 28-1330, or has the written consent of the person named in such certificate.
(2) Unauthorized use of receptacles is a Class III misdemeanor. Each such receptacle so unlawfully dealt with, as herein set out, shall be deemed to be a separate offense.
Source
Laws 1977, LB 38, § 315.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1332 - Unauthorized possession of receptacle; penalty.

28-1332.
Unauthorized possession of receptacle; penalty.
(1) A person commits unauthorized possession of receptacle if having in possession or under control any receptacle bearing any name, mark, or device recorded as provided in section 28-1330, and holding a written transfer or bill of sale therefor from the person named in the certificate issued by the Secretary of State as provided in such section, or other authority in writing from such person, he fails or refuses to deliver such receptacle to the person named in such certificate or to the authorized agent of such person when demanded.
(2) Unauthorized possession of receptacle is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 316.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1333 - Receptacles; unauthorized use or possession; search warrant; prosecution of possessor.

28-1333.
Receptacles; unauthorized use or possession; search warrant; prosecution of possessor.
Whenever any person who has filed for record any such name, mark, or device, or who has acquired from such person in writing the ownership of such name, mark, or device or the right to the exclusive use thereof, or any one representing such person, shall make oath before any county judge that he has reason to believe and does believe that any receptacle bearing such name, mark, or device is being unlawfully used or filled or had in possession by any other person, such judge shall thereupon issue a search warrant to discover and obtain such receptacle, and may also cause the person in whose possession such receptacle shall be found to be brought before him and shall then inquire into the circumstances of such possession and if it shall be found that such person is guilty of violating any provision in sections 28-1329 to 28-1334, he shall be punished as prescribed in section 28-1331 or 28-1332 and the possession of the property taken upon such warrant shall be awarded to the owner thereof. The remedy given by this section shall not be held to be exclusive, and offenders against any provision of said sections may also be prosecuted as in case of other misdemeanors.
Source
Laws 1977, LB 38, § 317.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1334 - Sale, construed.

28-1334.
Sale, construed.
The requiring or taking of any deposit for any purpose upon such receptacle shall not be deemed nor held to be a sale, either optional or otherwise, in any proceeding under sections 28-1329 to 28-1334.
Source
Laws 1977, LB 38, § 318.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1335 - Discharging any firearm or weapon from any public highway, road, or bridge; penalty; exception.

28-1335.
Discharging any firearm or weapon from any public highway, road, or bridge; penalty; exception.
A person commits a Class III misdemeanor if such person discharges any firearm or weapon using any form of compressed gas as a propellant from any public highway, road, or bridge in this state, unless otherwise allowed by statute. Upon conviction, the mandatory minimum fine shall be one hundred dollars.
Source
Laws 1977, LB 38, § 319;
Laws 2009, LB105, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1342 - Legislative findings and declarations.

28-1342.
Legislative findings and declarations.
The Legislature finds and declares that our society is increasingly dependent on computers, that important personal, financial, medical, and historical data is stored in computers, and that valuable data stored can be lost due to criminal action.
The Legislature further finds that specific criminal statutes are necessary to cover the actions of persons who intentionally destroy data or commit fraud using computers.
Source
Laws 1991, LB 135, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1343.01 - Unauthorized computer access; penalty.

28-1343.01.
Unauthorized computer access; penalty.
(1) A person commits the offense of unauthorized computer access if the person intentionally and without authority penetrates a computer security system.
(2) A person who violates subsection (1) of this section in a manner that creates a grave risk of causing the death of a person shall be guilty of a Class IV felony.
(3) A person who violates subsection (1) of this section in a manner that creates a risk to public health and safety shall be guilty of a Class I misdemeanor.
(4) A person who violates subsection (1) of this section in a manner that compromises the security of data shall be guilty of a Class II misdemeanor.
Source
Laws 1991, LB 135, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1344 - Unlawful acts; depriving or obtaining property or services; penalties.

28-1344.
Unlawful acts; depriving or obtaining property or services; penalties.
(1) Any person who intentionally accesses or causes to be accessed, directly or indirectly, any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of an offense if he or she intentionally: (a) Deprives another of property or services; or (b) obtains property or services of another.
(2) The offense constitutes a Class III felony when the value of the property or services involved is five thousand dollars or more.
(3) The offense constitutes a Class IV felony when the value of the property or services involved is one thousand five hundred dollars or more, but less than five thousand dollars.
(4) The offense constitutes a Class I misdemeanor when the value of the property or services involved is five hundred dollars or more, but less than one thousand five hundred dollars.
(5) The offense constitutes a Class II misdemeanor when the value of the property or services involved is less than five hundred dollars.
Source
Laws 1985, LB 371, § 3;
Laws 1991, LB 135, § 6;
Laws 2015, LB605, § 56.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1345 - Unlawful acts; harming or disrupting operations; penalties.

28-1345.
Unlawful acts; harming or disrupting operations; penalties.
(1) Any person who accesses or causes to be accessed any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of an offense if he or she intentionally: (a) Alters, damages, deletes, or destroys any computer, computer system, computer software, computer network, computer program, data, or other property; (b) disrupts the operation of any computer, computer system, computer software, or computer network; or (c) distributes a destructive computer program with intent to damage or destroy any computer, computer system, computer network, or computer software.
(2) The offense constitutes a Class III felony when the value of the loss caused is five thousand dollars or more.
(3) The offense constitutes a Class IV felony when the value of the loss caused is one thousand five hundred dollars or more, but less than five thousand dollars.
(4) The offense constitutes a Class I misdemeanor when the value of the loss caused is five hundred dollars or more, but less than one thousand five hundred dollars.
(5) The offense constitutes a Class II misdemeanor when the value of the loss caused is less than five hundred dollars.
Source
Laws 1985, LB 371, § 4;
Laws 1991, LB 135, § 7;
Laws 2015, LB605, § 57.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1346 - Unlawful acts; obtaining confidential public information; penalties.

28-1346.
Unlawful acts; obtaining confidential public information; penalties.
Any person who intentionally accesses or causes to be accessed any computer, computer system, computer software, or computer network without authorization, or who, having accessed a computer, computer system, computer software, or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization, and thereby obtains information filed by the public with the state or any political subdivision which is by statute required to be kept confidential shall be guilty of a Class II misdemeanor. For any second or subsequent offense under this section, such person shall be guilty of a Class I misdemeanor.
Source
Laws 1985, LB 371, § 5;
Laws 1991, LB 135, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1347 - Unlawful acts; access without authorization; exceeding authorization; penalties.

28-1347.
Unlawful acts; access without authorization; exceeding authorization; penalties.
Any person who intentionally accesses any computer, computer system, computer software, computer network, computer program, or data without authorization and with knowledge that such access was not authorized or who, having accessed any computer, computer system, computer software, computer network, computer program, or data with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of a Class V misdemeanor. For any second or subsequent offense under this section, such person shall be guilty of a Class II misdemeanor.
Source
Laws 1985, LB 371, § 6;
Laws 1991, LB 135, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1348 - Act, how construed.

28-1348.
Act, how construed.
The Computer Crimes Act shall not be construed to preclude the applicability of any other provision of the Nebraska Criminal Code which may apply to any transaction described in the Computer Crimes Act.
Source
Laws 1985, LB 371, § 7;
Laws 1991, LB 135, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1349 - Legislative findings.

28-1349.
Legislative findings.
The Legislature finds that elemental mercury is a persistent and toxic pollutant that accumulates in the environment. The Legislature further finds that each year elemental mercury contained in liquid mercury thermometers can enter the environment and result in human exposure to elemental mercury through accidental spills, breakage, and releases. It is the intent of the Legislature to ban the sale and distribution of liquid mercury thermometers containing elemental mercury to prevent further accidental exposure.
Source
Laws 2003, LB 17, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1353 - Act; how construed.

28-1353.
Act; how construed.
(1) The provisions of the Public Protection Act shall be liberally construed to effectuate its remedial purposes.
(2) Nothing in the act shall supersede any provision of federal, state, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in the act.
Source
Laws 2009, LB155, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1355 - Pattern of racketeering activity or collection of an unlawful debt; prohibited acts.

28-1355.
Pattern of racketeering activity or collection of an unlawful debt; prohibited acts.
(1) It shall be unlawful for any person who has received any proceeds that such person knew were derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any right, interest, or equity in real property or in the establishment or operation of any enterprise. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his or her immediate family, and his or her or their accomplices in any pattern of racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
(2) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
(3) It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.
(4) It shall be unlawful for any person to conspire or attempt to violate any of the provisions of subsection (1), (2), or (3) of this section.
Source
Laws 2009, LB155, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1356 - Violation; penalty.

28-1356.
Violation; penalty.
(1) A person who violates section 28-1355 shall be guilty of a Class III felony; however, such person shall be guilty of a Class IB felony if the violation is based upon racketeering activity which is punishable as a Class I, IA, or IB felony.
(2) In lieu of the fine authorized by section 28-105, any person convicted of engaging in conduct in violation of section 28-1355, through which pecuniary value was derived, or by which personal injury or property damage or other loss was caused, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred. Any fine collected under this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2009, LB155, § 6;
Laws 2015, LB268, § 10;
Referendum 2016, No. 426.
Note:
The changes made to section 28-1356 by Laws 2015, LB 268, section 10, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1357 - Sale of novelty lighter without child safety feature; penalty.

28-1357.
Sale of novelty lighter without child safety feature; penalty.
(1) For purposes of this section:
(a) Novelty lighter means a mechanical or electrical device that is typically used for lighting cigarettes, cigars, or pipes, that has only one button or function, and that (i) is designed to resemble a cartoon character, a toy, a gun, a watch, a musical instrument, a vehicle, an animal, a food or beverage container, or a similar item, (ii) plays musical notes, or (iii) has flashing lights; and
(b) Novelty lighter does not include:
(i) A lighter manufactured prior to January 1, 1980;
(ii) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or
(iii) A standard disposable or refillable lighter that is printed or decorated with a logo, label, decal, artwork, or heat shrinkable sleeve.
(2) It shall be unlawful to sell at retail, offer for retail sale, or distribute for retail sale or promotion in this state a novelty lighter manufactured on or after July 18, 2014, without a child safety feature.
(3) Any person who violates this section shall be guilty of a Class IV misdemeanor.
(4) This section does not apply to the transportation of novelty lighters through the state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.
Source
Laws 2014, LB403, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1401 - Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat.

28-1401.
Navigable streams; cutoff, chute, backwater, or bayou connected with; access by boat.
To further implement the provisions of Article XV, section 5, of the Constitution of Nebraska, the Legislature herewith provides that the people of the state shall have access by boat to any cutoff, chute, backwater, or bayou connected with any navigable stream located in the State of Nebraska, but that nothing in this section shall serve to allow trespass upon the lands of any person.
Source
Laws 1974, LB 565, § 1;
R.R.S.1943, § 28-589.03, (1975).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1406 - Terms, defined.

28-1406.
Terms, defined.
As used in sections 28-1406 to 28-1416, unless the context otherwise requires:
(1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status; not amounting to a privilege to use the force;
(2) Assent shall mean consent, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm;
(3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force;
(4) Actor shall mean any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions;
(5) Dwelling shall mean any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging; and
(6) Public officer shall mean any elected or appointed officer or employee of the State of Nebraska or its political subdivisions, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions.
Source
Laws 1972, LB 895, § 1;
Laws 1972, LB 1278, § 2;
R.R.S.1943, § 28-833, (1975).
Annotations
Justification, otherwise known as the choice of evils, is an affirmative defense. State v. Wells, 257 Neb. 332, 598 N.W.2d 30 (1999).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1408 - Public duty; execution.

28-1408.
Public duty; execution.
(1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by:
(a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;
(b) The law governing the execution of legal process;
(c) The judgment or order of a competent court or tribunal;
(d) The law governing the armed services or the lawful conduct of war; or
(e) Any other provision of law imposing a public duty.
(2) Sections 28-1409 to 28-1416 shall apply to:
(a) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and
(b) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.
(3) The justification afforded by subsection (1) of this section shall apply:
(a) When the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
(b) When the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
Source
Laws 1972, LB 895, § 3;
R.R.S.1943, § 28-835, (1975).
Annotations
While the violation of department policy may be evidence that the degree or nature of force used was unlawful, section 28-1413 ultimately requires the court to make a determination that the force used was not forbidden by this section or section 28-1409. State v. Jackson, 26 Neb. App. 727, 923 N.W.2d 97 (2019).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1410 - Use of force for protection of other persons.

28-1410.
Use of force for protection of other persons.
(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:
(a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
(b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
(c) The actor believes that his intervention is necessary for the protection of such other person.
(2) Notwithstanding subsection (1) of this section:
(a) When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;
(b) When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and
(c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.
Source
Laws 1972, LB 895, § 5;
R.R.S.1943, § 28-837, (1975).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1414 - Mistake of law; reckless or negligent use of force.

28-1414.
Mistake of law; reckless or negligent use of force.
(1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when:
(a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
(b) His error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the legality of an arrest or search.
(2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 28-1408 to 28-1413 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(3) When the actor is justified under sections 28-1408 to 28-1413 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.
Source
Laws 1972, LB 895, § 9;
R.R.S.1943, § 28-841, (1975).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1415 - Justification in property crimes.

28-1415.
Justification in property crimes.
Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:
(1) Sections 28-1406 to 28-1416 or the law defining the offense deals with the specific situation involved; or
(2) A legislative purpose to exclude the justification claimed otherwise plainly appears.
Source
Laws 1972, LB 895, § 10;
R.R.S.1943, § 28-842, (1975).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1416 - Justification an affirmative defense; available in certain civil actions.

28-1416.
Justification an affirmative defense; available in certain civil actions.
(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.
(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.
Source
Laws 1972, LB 895, § 11;
R.R.S.1943, § 28-843, (1975);
Laws 2012, LB804, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1418 - Tobacco; electronic nicotine delivery systems; alternative nicotine products; use by person under age of twenty-one years; penalty.

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