reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-806 - Rule 806. Attacking and supporting credibility of declarant; opportunity to explain; examine declarant.

27-806.
Rule 806. Attacking and supporting credibility of declarant; opportunity to explain; examine declarant.
When a hearsay statement or a statement defined in subdivision (4)(b)(iii), (iv), or (v) of section 27-801 has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with his hearsay statement, is not subject to any requirement that he may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine him on the statement as if under cross-examination.
Source
Laws 1975, LB 279, § 60.
Annotations
Under this section, if a hearsay statement is admitted in evidence, a party may discredit the out-of-court declarant by utilizing recognized methods of impeachment. State v. Morrow, 273 Neb. 592, 731 N.W.2d 558 (2007).
Under this section, the declarant of a hearsay statement may be impeached by the introduction of a prior or subsequent statement made by the declarant that is inconsistent with the hearsay statement already admitted at trial. State v. Morrow, 273 Neb. 592, 731 N.W.2d 558 (2007).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-903 - Rule 903. Subscribing witness testimony; when necessary.

27-903.
Rule 903. Subscribing witness testimony; when necessary.
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
Source
Laws 1975, LB 279, § 63.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1001 - Rule 1001. Definitions; writings and recordings, photographs, original, and duplicate.

27-1001.
Rule 1001. Definitions; writings and recordings, photographs, original, and duplicate.
For purposes of this article the following definitions are applicable:
(1) Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation;
(2) Photographs include still photographs, X-ray films, video tapes, and motion pictures;
(3) An original of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original; and
(4) A duplicate is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
Source
Laws 1975, LB 279, § 64.
Annotations
A bank photocopy of a processed check qualifies as a duplicate under subsection (4) of this section. Equitable Life v. Starr, 241 Neb. 609, 489 N.W.2d 857 (1992).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1003 - Rule 1003. Admissibility of duplicate; when.

27-1003.
Rule 1003. Admissibility of duplicate; when.
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Source
Laws 1975, LB 279, § 66.
Annotations
A duplicate writing, as defined by subdivision (4) of section 27-1001, is admissible under this section to the same extent as an original writing without a showing that the original is lost or destroyed or is otherwise unavailable under the circumstances expressed in section 27-1004 regarding a lost or destroyed original. Equitable Life v. Starr, 241 Neb. 609, 489 N.W.2d 857 (1992).
The burden of raising an issue as to the authenticity of the original or the unfairness of the circumstances is on the party opposing admission. State v. Frederiksen, 224 Neb. 653, 400 N.W.2d 225 (1987).
Duplicates of defendant's bank checks were properly admissible where identified by bank official and authenticity of original checks not challenged. State v. Costello, 199 Neb. 43, 256 N.W.2d 97 (1977).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1004 - Rule 1004. Admissibility of other evidence of contents; when.

27-1004.
Rule 1004. Admissibility of other evidence of contents; when.
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) No original can be obtained by any available judicial process or procedure; or
(3) At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or
(4) The writing, recording, or photograph is not closely related to a controlling issue.
Source
Laws 1975, LB 279, § 67.
Annotations
The language of this section, which carves out exceptions to the best evidence rule, makes exceptions for only specific instances of unavailability, such as where the original has been lost or destroyed, cannot be obtained by judicial means, or is not closely related to a controlling issue. State v. Kula, 260 Neb. 183, 616 N.W.2d 313 (2000).
Absent evidence of bad faith on the part of university officials, secondary evidence of test scores is admissible where it is shown that the original writings have been lost or destroyed. State ex rel. Mercurio v. Board of Regents, 213 Neb. 251, 329 N.W.2d 87 (1983).
The existence of a written employment contract, alleged by plaintiff and denied by defendant, was properly a question for the jury. Montgomery v. Quantum Labs, Inc., 198 Neb. 160, 251 N.W.2d 892 (1977).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1005 - Rule 1005. Public records; contents, how proved.

27-1005.
Rule 1005. Public records; contents, how proved.
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with section 27-902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
Source
Laws 1975, LB 279, § 68.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1006 - Rule 1006. Voluminous writings, recordings, or photographs; summaries; availability; orders.

27-1006.
Rule 1006. Voluminous writings, recordings, or photographs; summaries; availability; orders.
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that they be produced in court.
Source
Laws 1975, LB 279, § 69.
Annotations
Requirements for admission of an exhibit into evidence pursuant to Neb. Evid. R. 1006 set out this case. Crowder v. Aurora Co-op Elev. Co., 223 Neb. 704, 393 N.W.2d 250 (1986).
This section had no application to an exhibit listing persons for whom building moving services had been performed with enumeration of dates and charges, but oral testimony by one who had personal knowledge of the facts laid appropriate foundation for its admission. Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1007 - Rule 1007. Contents of writings, recordings, or photographs; how proved.

27-1007.
Rule 1007. Contents of writings, recordings, or photographs; how proved.
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.
Source
Laws 1975, LB 279, § 70.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1008 - Rule 1008. Functions of judge and jury.

27-1008.
Rule 1008. Functions of judge and jury.
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the judge to determine. However, when an issue is raised (1) whether the asserted writing ever existed, or (2) whether another writing, recording, or photograph produced at the trial is the original, or (3) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
Source
Laws 1975, LB 279, § 71.
Annotations
The existence of a written employment contract, alleged by plaintiff and denied by defendant, was properly a question for the jury. Montgomery v. Quantum Labs, Inc., 198 Neb. 160, 251 N.W.2d 892 (1977).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1103 - Rule 1103. Act, how cited.

27-1103.
Rule 1103. Act, how cited.
These rules may be known and cited as the Nebraska Evidence Rules.
Source
Laws 1975, LB 279, § 73;
Laws 2009, LB97, § 8;
Laws 2020, LB881, § 5.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-1201 - Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations.

27-1201.
Unanticipated outcome of medical care; civil action; health care provider or employee; use of certain statements and conduct; limitations.
(1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault which is otherwise admissible and is part of or in addition to any such communication shall be admissible.
(2) For purposes of this section, unless the context otherwise requires:
(a) Health care provider means any person licensed or certified by the State of Nebraska to deliver health care under the Uniform Credentialing Act and any health care facility licensed under the Health Care Facility Licensure Act. Health care provider includes any professional corporation or other professional entity comprised of such health care providers;
(b) Relative means a patient's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, stepbrother, stepsister, half brother, half sister, or spouse's parents. Relative includes persons related to the patient through adoptive relationships. Relative also includes any person who has a family-type relationship with the patient;
(c) Representative means a legal guardian, attorney, person designated to make health care decisions on behalf of a patient under a power of attorney, or any person recognized in law or custom as a patient's agent; and
(d) Unanticipated outcome means the outcome of a medical treatment or procedure that differs from the expected result.
Source
Laws 2007, LB373, § 1;
Laws 2009, LB35, § 18.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-101 - Code, how cited.

28-101.
Code, how cited.
Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701 shall be known and may be cited as the Nebraska Criminal Code.
Source
Laws 1977, LB 38, § 1;
Laws 1980, LB 991, § 8;
Laws 1982, LB 465, § 1;
Laws 1985, LB 371, § 1;
Laws 1985, LB 406, § 1;
Laws 1986, LB 956, § 12;
Laws 1986, LB 969, § 1;
Laws 1987, LB 451, § 1;
Laws 1988, LB 170, § 1;
Laws 1988, LB 463, § 41;
Laws 1989, LB 372, § 1;
Laws 1990, LB 50, § 10;
Laws 1990, LB 571, § 2;
Laws 1990, LB 1018, § 1;
Laws 1991, LB 135, § 1;
Laws 1991, LB 477, § 2;
Laws 1992, LB 1098, § 5;
Laws 1992, LB 1184, § 8;
Laws 1994, LB 988, § 1;
Laws 1994, LB 1035, § 1;
Laws 1994, LB 1129, § 1;
Laws 1995, LB 371, § 1;
Laws 1995, LB 385, § 11;
Laws 1996, LB 908, § 2;
Laws 1997, LB 90, § 1;
Laws 1997, LB 814, § 6;
Laws 1998, LB 218, § 2;
Laws 1999, LB 6, § 1;
Laws 1999, LB 49, § 1;
Laws 1999, LB 163, § 1;
Laws 1999, LB 511, § 1;
Laws 2002, LB 276, § 1;
Laws 2002, LB 824, § 1;
Laws 2003, LB 17, § 1;
Laws 2003, LB 43, § 8;
Laws 2003, LB 273, § 2;
Laws 2004, LB 943, § 1;
Laws 2006, LB 57, § 1;
Laws 2006, LB 287, § 4;
Laws 2006, LB 1086, § 6;
Laws 2006, LB 1199, § 1;
Laws 2007, LB142, § 1;
Laws 2008, LB764, § 1;
Laws 2008, LB1055, § 1;
Laws 2009, LB63, § 2;
Laws 2009, LB97, § 9;
Laws 2009, LB155, § 1;
Laws 2010, LB252, § 1;
Laws 2010, LB594, § 1;
Laws 2010, LB894, § 1;
Laws 2010, LB1103, § 11;
Laws 2011, LB20, § 1;
Laws 2011, LB226, § 1;
Laws 2011, LB667, § 1;
Laws 2013, LB3, § 1;
Laws 2013, LB44 § 1;
Laws 2014, LB403, § 1;
Laws 2014, LB863, § 15;
Laws 2015, LB390, § 1;
Laws 2016, LB136, § 1;
Laws 2016, LB934, § 1;
Laws 2016, LB1009, § 1;
Laws 2016, LB1106, § 3;
Laws 2017, LB289, § 2;
Laws 2017, LB487, § 2;
Laws 2018, LB931, § 1;
Laws 2018, LB990, § 1;
Laws 2019, LB7, § 1;
Laws 2019, LB519, § 4;
Laws 2019, LB686, § 1;
Laws 2020, LB814, § 1;
Laws 2020, LB881, § 6;
Laws 2020, LB1152, § 14;
Laws 2022, LB519, § 2;
Laws 2022, LB922, § 5;
Laws 2023, LB77, § 6.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-102 - Purposes; principles of construction.

28-102.
Purposes; principles of construction.
The general purposes of the provisions governing the definition of offenses are:
(1) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests;
(2) To subject to public control persons whose conduct indicates that they are disposed to commit crimes;
(3) To safeguard conduct that is without fault and which is essentially victimless in its effect from condemnation as criminal;
(4) To give fair warning of the nature of the conduct declared to constitute an offense; and
(5) To differentiate on reasonable grounds between serious and minor offenses.
Source
Laws 1977, LB 38, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-103 - Restrictions on applicability.

28-103.
Restrictions on applicability.
(1) The provisions of this code shall not apply to any offense committed prior to January 1, 1979. Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.
(2) For the purposes of this section, an offense shall be deemed to have been committed prior to January 1, 1979, if any element of the offense occurred prior thereto.
(3) This code shall not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action.
Source
Laws 1977, LB 38, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-104 - Offense; crime; synonymous.

28-104.
Offense; crime; synonymous.
The terms offense and crime are synonymous as used in this code and mean a violation of, or conduct defined by, any statute for which a fine, imprisonment, or death may be imposed.
Source
Laws 1977, LB 38, § 4;
Laws 2015, LB268, § 5;
Referendum 2016, No. 426.
Note:
The changes made to section 28-104 by Laws 2015, LB 268, section 5, 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 › 28-107 - Felony or misdemeanor, defined outside of code; how treated.

28-107.
Felony or misdemeanor, defined outside of code; how treated.
(1) Any felony or misdemeanor defined by state statute outside of this code without specification of its class shall be punishable as provided in the statute defining it, or as otherwise provided by law outside of this code, except as provided in subsections (2) and (3) of this section.
(2) A felony defined by statute outside this code, without classification, the sentence for which exceeds the sentence authorized in this code for a Class III felony, shall constitute for sentencing purposes a Class III felony. A person adjudged guilty under such law is deemed to be convicted of a Class III felony and shall be sentenced for a felony of that class in accordance with this code.
(3) A misdemeanor defined by a statute outside this code, the sentence for which exceeds the sentence authorized in this code for a Class I misdemeanor, shall constitute for sentencing purposes a Class I misdemeanor. A person adjudged guilty under such law is deemed to be convicted of a Class I misdemeanor and shall be sentenced for a Class I misdemeanor in accordance with this code.
Source
Laws 1977, LB 38, § 7.
Annotations
The proper determination of punishment for fourth offense driving under the influence of an alcoholic liquor or drug is governed by section 28-106(1) and not subsection (3) of this section. State v. Schultz, 252 Neb. 746, 566 N.W.2d 739 (1997).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-108 - Subsequent enactment of criminal laws.

28-108.
Subsequent enactment of criminal laws.
Criminal laws enacted after January 1, 1979, shall be classified for sentencing purposes in accordance with section 28-105 or 28-106.
Source
Laws 1977, LB 38, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-110 - Statement of rights.

28-110.
Statement of rights.
A person in the State of Nebraska has the right to live free from violence, or intimidation by threat of violence, committed against his or her person or the destruction or vandalism of, or intimidation by threat of destruction or vandalism of, his or her property regardless of his or her race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.
Source
Laws 1997, LB 90, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-111 - Enhanced penalty; enumerated offenses.

28-111.
Enhanced penalty; enumerated offenses.
Any person who commits one or more of the following criminal offenses against a person or a person's property because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person's association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense, unless such criminal offense is already punishable as a Class IB felony or higher classification: Manslaughter, section 28-305; assault in the first degree, section 28-308; assault in the second degree, section 28-309; assault in the third degree, section 28-310; terroristic threats, section 28-311.01; stalking, section 28-311.03; kidnapping, section 28-313; false imprisonment in the first degree, section 28-314; false imprisonment in the second degree, section 28-315; sexual assault in the first degree, section 28-319; sexual assault in the second or third degree, section 28-320; sexual assault of a child, sections 28-319.01 and 28-320.01; arson in the first degree, section 28-502; arson in the second degree, section 28-503; arson in the third degree, section 28-504; criminal mischief, section 28-519; unauthorized application of graffiti, section 28-524; criminal trespass in the first degree, section 28-520; or criminal trespass in the second degree, section 28-521.
Source
Laws 1997, LB 90, § 3;
Laws 2006, LB 1199, § 2;
Laws 2009, LB63, § 3.
Annotations
The phrase "because of" requires the State to prove some causal connection between the victim's association with a person of a certain sexual orientation and the criminal act. State v. Duncan, 293 Neb. 359, 878 N.W.2d 363 (2016).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-112 - Allegations set forth in indictment or information; burden of proof.

28-112.
Allegations set forth in indictment or information; burden of proof.
The allegations stating that the underlying offense was committed because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person's association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability shall be set forth in the indictment or information. It is the burden of the prosecuting attorney to prove such allegations beyond a reasonable doubt to the judge or jury in the state's case in chief.
Source
Laws 1997, LB 90, § 4;
Laws 2004, LB 270, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-113 - Civil action authorized; statute of limitations; proof required.

28-113.
Civil action authorized; statute of limitations; proof required.
(1) A person against whom a violation of section 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney's fees, and costs.
(2) A civil action brought pursuant to this section must be brought within four years after the date of the violation of section 28-111.
(3) In a civil action brought pursuant to this section, the plaintiff shall establish by a preponderance of the evidence that the defendant committed the criminal offense against the plaintiff or the plaintiff's property because of the plaintiff's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the plaintiff's association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.
Source
Laws 1997, LB 90, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-114 - Nebraska Commission on Law Enforcement and Criminal Justice; duties.

28-114.
Nebraska Commission on Law Enforcement and Criminal Justice; duties.
The Nebraska Commission on Law Enforcement and Criminal Justice shall establish and maintain a central repository for the collection and analysis of information regarding criminal offenses committed against a person because of the person's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person's association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability. Upon establishing such a repository, the commission shall develop a procedure to monitor, record, classify, and analyze information relating to criminal offenses apparently directed against individuals or groups, or their property, because of their race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of their association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.
Source
Laws 1997, LB 90, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-115 - Criminal offense against a pregnant woman; enhanced penalty.

28-115.
Criminal offense against a pregnant woman; enhanced penalty.
(1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense:
(a) Assault in the first degree, section 28-308;
(b) Assault in the second degree, section 28-309;
(c) Assault in the third degree, section 28-310;
(d) Assault by strangulation or suffocation, section 28-310.01;
(e) Sexual assault in the first degree, section 28-319;
(f) Sexual assault in the second or third degree, section 28-320;
(g) Sexual assault of a child in the first degree, section 28-319.01;
(h) Sexual assault of a child in the second or third degree, section 28-320.01;
(i) Sexual abuse of an inmate or parolee in the first degree, section 28-322.02;
(j) Sexual abuse of an inmate or parolee in the second degree, section 28-322.03;
(k) Sexual abuse of a protected individual in the first or second degree, section 28-322.04;
(l) Sexual abuse of a detainee under section 28-322.05;
(m) Domestic assault in the first, second, or third degree, section 28-323;
(n) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree, section 28-929;
(o) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree, section 28-930;
(p) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree, section 28-931;
(q) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle, section 28-931.01;
(r) Assault by a confined person, section 28-932;
(s) Confined person committing offenses against another person, section 28-933; and
(t) Proximately causing serious bodily injury while operating a motor vehicle, section 60-6,198.
(2) The enhancement in subsection (1) of this section does not apply to any criminal offense listed in subsection (1) of this section that is already punishable as a Class I, IA, or IB felony. If any criminal offense listed in subsection (1) of this section is punishable as a Class I misdemeanor, the penalty under this section is a Class IIIA felony.
(3) The prosecution shall allege and prove beyond a reasonable doubt that the victim was pregnant at the time of the offense.
Source
Laws 2006, LB 57, § 9;
Laws 2010, LB771, § 1;
Laws 2014, LB811, § 1;
Laws 2016, LB1094, § 4;
Laws 2019, LB141, § 1;
Laws 2019, LB519, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-116 - Changes made by Laws 2015, LB605; applicability.

28-116.
Changes made by Laws 2015, LB605; applicability.
The changes made to the sections listed in this section by Laws 2015, LB605, shall not apply to any offense committed prior to August 30, 2015. Any such offense shall be construed and punished according to the provisions of law existing at the time the offense was committed. For purposes of this section, an offense shall be deemed to have been committed prior to August 30, 2015, if any element of the offense occurred prior to such date. The following sections are subject to this provision: Sections 9-262, 9-352, 9-434, 9-652, 23-135.01, 28-105, 28-106, 28-201, 28-204, 28-305, 28-306, 28-309, 28-310.01, 28-311, 28-311.01, 28-311.04, 28-311.08, 28-320, 28-322.02, 28-322.03, 28-322.04, 28-323, 28-393, 28-394, 28-397, 28-416, 28-504, 28-507, 28-514, 28-518, 28-519, 28-603, 28-604, 28-611, 28-611.01, 28-620, 28-621, 28-622, 28-627, 28-631, 28-638, 28-639, 28-703, 28-707, 28-813.01, 28-912, 28-932, 28-1005, 28-1009, 28-1102, 28-1103, 28-1104, 28-1212.03, 28-1222, 28-1224, 28-1344, 28-1345, 28-1463.05, 29-1816, 29-2204, 29-2260, 29-2308, 29-4011, 60-6,197.03, 60-6,197.06, 68-1017, 68-1017.01, 71-2228, and 71-2229.
Source
Laws 2015, LB605, § 109.
Annotations
The nonretroactive provision of section 28-105(7) applies to the changes made by 2015 Neb. Laws, L.B. 605, to penalties for Class IV felony convictions under section 29-2204.02. State v. Benavides, 294 Neb. 902, 884 N.W.2d 923 (2016).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-117 - Department of Health and Human Services; information on programs and services.

28-117.
Department of Health and Human Services; information on programs and services.
On or before December 1, 2019, the Department of Health and Human Services shall make publicly available information on programs and services available for referral by the department to respond to the safety and needs of children reported or suspected to be victims of sex trafficking of a minor or labor trafficking of a minor as defined in section 28-830 and their families. The department shall develop this information in consultation with representatives of child advocacy centers, behavioral health providers, child welfare and juvenile justice service providers, law enforcement representatives, and prosecutors.
Source
Laws 2019, LB519, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-203 - Conspiracy; renunciation of criminal intent.

28-203.
Conspiracy; renunciation of criminal intent.
In a prosecution for criminal conspiracy, it shall be an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the conspiracy.
Source
Laws 1977, LB 38, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-205 - Aiding consummation of felony; penalty.

28-205.
Aiding consummation of felony; penalty.
(1) A person is guilty of aiding consummation of felony if he intentionally aids another to secrete, disguise, or convert the proceeds of a felony or otherwise profit from a felony.
(2) If the crime involved is a felony of any class, aiding consummation of crime is a Class IV felony.
Source
Laws 1977, LB 38, § 14.
Annotations
A defendant’s conviction for aiding the consummation of a felony under this section is not incompatible with the defendant’s conviction as a principal of the underlying felony. State v. Hansen, 289 Neb. 478, 855 N.W.2d 777 (2014).
The word “profit” in this section means to make “returns, proceeds, or revenue” on a transaction. State v. Hansen, 289 Neb. 478, 855 N.W.2d 777 (2014).
There is no requirement that the underlying felony referred to in this section be committed in Nebraska. State v. Schiesser, 24 Neb. App. 407, 888 N.W.2d 736 (2016).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-301 - Compounding a felony, defined; penalty.

28-301.
Compounding a felony, defined; penalty.
(1) A person is guilty of compounding a felony if he accepts or agrees to accept any pecuniary benefit or other reward or promise thereof, as consideration for:
(a) Refraining from seeking prosecution of an offender; or
(b) Refraining from reporting to law enforcement authorities the commission of any felony or information relating to a felony.
(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due him as restitution for harm caused by the crime.
(3) Compounding is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 16.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-302 - Homicide; terms, defined.

28-302.
Homicide; terms, defined.
As used in sections 28-302 to 28-306, unless the context otherwise requires:
(1) Homicide shall mean the killing of a person by another;
(2) Person, when referring to the victim of a homicide, shall mean a human being who had been born and was alive at the time of the homicidal act; and
(3) Premeditation shall mean a design formed to do something before it is done.
Source
Laws 1977, LB 38, § 17.
Annotations
Pursuant to subsection (3) of this section, evidence of premeditation is sufficient to uphold conviction for first degree murder when it demonstrates that the defendant told others that he wanted to "go finish (the victim) off", that the defendant broke off a knife attack on the victim to evade detection by a passing car, and that the defendant resumed the knife attack once the car had passed and the defendant heard the victim making noises which indicated that the victim was still alive. State v. Larsen, 255 Neb. 532, 586 N.W.2d 641 (1998).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-307 - Assisting suicide, defined; penalty.

28-307.
Assisting suicide, defined; penalty.
(1) A person commits assisting suicide when, with intent to assist another person in committing suicide, he aids and abets him in committing or attempting to commit suicide.
(2) Assisting suicide is a Class IV felony.
Source
Laws 1977, LB 38, § 22.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-310.01 - Assault by strangulation or suffocation; penalty; affirmative defense.

28-310.01.
Assault by strangulation or suffocation; penalty; affirmative defense.
(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally:
(a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or
(b) Impedes the normal breathing of another person by covering the mouth and nose of the person.
(2) An offense is committed under this section regardless of whether a visible injury resulted.
(3) Except as provided in subsection (4) of this section, a violation of this section is a Class IIIA felony.
(4) A violation of this section is a Class IIA felony if:
(a) The person used or attempted to use a dangerous instrument while committing the offense;
(b) The person caused serious bodily injury to the other person while committing the offense; or
(c) The person has been previously convicted of a violation of this section.
(5) It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure.
Source
Laws 2004, LB 943, § 2;
Laws 2015, LB605, § 13;
Laws 2019, LB141, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.03 - Stalking.

28-311.03.
Stalking.
Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
Source
Laws 1992, LB 1098, § 2;
Laws 1993, LB 299, § 2;
Laws 1998, LB 218, § 4;
Laws 2006, LB 1113, § 22.
Annotations
Nebraska's stalking statutes focus both on the behavior of the perpetrator and on the experience of the victim. In re Interest of Jeffrey K., 273 Neb. 239, 728 N.W.2d 606 (2007).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.04 - Stalking; violations; penalties.

28-311.04.
Stalking; violations; penalties.
(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.
(2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if:
(a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;
(b) The victim is under sixteen years of age;
(c) The person possessed a deadly weapon at any time during the violation;
(d) The person was also in violation of section 28-311.09, 28-311.11, 42-924, or 42-925, or in violation of a valid foreign harassment protection order recognized pursuant to section 28-311.10 or a valid foreign sexual assault protection order recognized pursuant to section 28-311.12 at any time during the violation; or
(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony.
Source
Laws 1992, LB 1098, § 3;
Laws 1993, LB 299, § 3;
Laws 2006, LB 1113, § 23;
Laws 2015, LB605, § 16;
Laws 2017, LB289, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.05 - Stalking; not applicable to certain conduct.

28-311.05.
Stalking; not applicable to certain conduct.
Sections 28-311.02 to 28-311.04, 28-311.09, and 28-311.10 shall not apply to conduct which occurs during labor picketing.
Source
Laws 1992, LB 1098, § 4;
Laws 1998, LB 218, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.06 - Hazing, defined; penalty.

28-311.06.
Hazing, defined; penalty.
(1) For purposes of this section, hazing means any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization. Such hazing activity includes whipping, beating, branding, an act of sexual penetration, an exposure of the genitals of the body done with intent to affront or alarm any person, a lewd fondling or caressing of the body of another person, forced and prolonged calisthenics, prolonged exposure to the elements, forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption, prolonged sleep deprivation, or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person or the coercing of any such activity.
(2) It is unlawful to commit the offense of hazing. Any person who commits the offense of hazing is guilty of a Class II misdemeanor.
(3) If the offense of hazing is committed for the purpose of initiation into, admission into, affiliation with, or continued membership with an organization of student members operating under the sanction of a postsecondary educational institution and such offense is committed by members of such organization, such organization shall be punished by a fine of not more than ten thousand dollars. Such organization shall not include the alumni organization or any corporation which owns the house or real estate of such organization.
Source
Laws 1994, LB 1129, § 2;
Laws 2016, LB710, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.07 - Hazing; consent not a defense.

28-311.07.
Hazing; consent not a defense.
Notwithstanding any provisions to the contrary, consent shall not be a defense to a prosecution pursuant to section 28-311.06.
Source
Laws 1994, LB 1129, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.10 - Foreign harassment protection order; enforcement.

28-311.10.
Foreign harassment protection order; enforcement.
(1) A valid foreign harassment protection order or order similar to a harassment protection order issued by a court of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(2) A foreign harassment order issued by a court of another state, tribe, or territory shall be valid if:
(a) The issuing court had jurisdiction over the parties and matter under the law of such state, tribe, or territory;
(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and
(c) The harassment order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such a harassment order; and (ii) the issuing court made specific findings of harassment against both the petitioner and respondent and determined that each party was entitled to such an order. There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.
(3) A peace officer may rely upon a copy of any putative valid foreign harassment protection order which has been provided to the peace officer by any source.
Source
Laws 1998, LB 218, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-311.12 - Foreign sexual assault protection order; enforcement.

28-311.12.
Foreign sexual assault protection order; enforcement.
(1) A valid foreign sexual assault protection order or an order similar to a sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(2) A foreign sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be valid if:
(a) The issuing court had jurisdiction over the parties and matter under the law of such state, territory, possession, or tribe;
(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and
(c) The sexual assault protection order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such a sexual assault protection order; and (ii) the issuing court made specific findings of sexual assault offenses against both the petitioner and respondent and determined that each party was entitled to such an order.
(3) There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.
(4) A peace officer may rely upon a copy of any putative valid foreign sexual assault protection order which has been provided to the peace officer by any source.
Source
Laws 2017, LB289, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-312 - Terms, defined.

28-312.
Terms, defined.
As used in sections 28-312 to 28-315, unless the context otherwise requires:
(1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty:
(a) By means of force, threat, or deception; or
(b) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of him; and
(2) Abduct shall mean to restrain a person with intent to prevent his liberation by:
(a) Secreting or holding him in a place where he is not likely to be found; or
(b) Endangering or threatening to endanger the safety of any human being.
Source
Laws 1977, LB 38, § 27.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-314 - False imprisonment in the first degree; penalty.

28-314.
False imprisonment in the first degree; penalty.
(1) A person commits false imprisonment in the first degree if he or she knowingly restrains or abducts another person (a) under terrorizing circumstances or under circumstances which expose the person to the risk of serious bodily injury; or (b) with intent to hold him or her in a condition of involuntary servitude.
(2) False imprisonment in the first degree is a Class IIIA felony.
Source
Laws 1977, LB 38, § 29;
Laws 1997, LB 364, § 5.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Sufficient evidence was presented from which a jury could reasonably infer that the defendant, either alone or while aiding and abetting a codefendant, intended to restrain the victim under terrorizing circumstances which exposed her to the risk of serious bodily injury. State v. Nissen, 252 Neb. 51, 560 N.W.2d 157 (1997).
Sections 28-313 and 28-314 define separate offenses. State v. Miller, 216 Neb. 72, 341 N.W.2d 915 (1983).
Pursuant to subsection (1) of this section, the offense of first degree false imprisonment requires that the knowing restraint of another person be either under terrorizing circumstances, under circumstances which expose the person to the risk of serious bodily injury, or with the intent to hold the individual in a condition of involuntary servitude. None of these conditions can be accomplished without restraining the individual without legal authority. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002).
Pursuant to subsection (1) of this section, the restraint required to commit the offense of first degree false imprisonment must necessarily be without legal authority. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002).
Second degree false imprisonment is a lesser-included offense of first degree false imprisonment. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002).
First degree false imprisonment is not a lesser-included offense of kidnapping. State v. Newman, 5 Neb. App. 291, 559 N.W.2d 764 (1997).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-315 - False imprisonment in the second degree; penalty.

28-315.
False imprisonment in the second degree; penalty.
(1) A person commits false imprisonment in the second degree if he knowingly restrains another person without legal authority.
(2) In any prosecution under this section, it shall be an affirmative defense that the person restrained (a) was on or in the immediate vicinity of the premises of a retail mercantile establishment and he was restrained for the purpose of investigation or questioning as to the ownership of any merchandise; and (b) was restrained in a reasonable manner and for not more than a reasonable time; and (c) was restrained to permit such investigation or questioning by a police officer, or by the owner of the mercantile establishment, his authorized employee or agent; and (d) that such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises; Provided, nothing in this section shall prohibit or restrict any person restrained pursuant to this section from maintaining any applicable civil remedy if no theft has occurred.
(3) False imprisonment in the second degree is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 30.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Second degree false imprisonment is a lesser-included offense of first degree false imprisonment. State v. Brownell, 11 Neb. App. 68, 644 N.W.2d 166 (2002).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-316 - Violation of custody; penalty.

28-316.
Violation of custody; penalty.
(1) Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other lawful custodian commits the offense of violation of custody.
(2) Except as provided in subsection (3) of this section, violation of custody is a Class II misdemeanor.
(3) Violation of custody in contravention of an order of any district or juvenile court of this state granting the custody of a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian of the custody of such child, is a Class IV felony.
Source
Laws 1977, LB 38, § 31.