reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1419 - Tobacco; electronic nicotine delivery systems; alternative nicotine products; certain sales; penalty; compliance determination; assistance authorized; conditions.

28-1419.
Tobacco; electronic nicotine delivery systems; alternative nicotine products; certain sales; penalty; compliance determination; assistance authorized; conditions.
(1) Whoever shall sell, give, or furnish, in any way, any tobacco in any form whatever, or any cigars, cigarettes, cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under twenty-one years of age, is guilty of a Class III misdemeanor for each offense.
(2)(a) In order to further the public policy of deterring licensees or other persons from violating subsection (1) of this section, a person who is at least fifteen years of age but under twenty-one years of age may assist a peace officer in determining compliance with such subsection if:
(i) The parent or legal guardian of the person has given written consent for the person to participate in such compliance check if such person is under nineteen years of age;
(ii) The person is an employee, a volunteer, or an intern with a state or local law enforcement agency;
(iii) The person is acting within the scope of his or her assigned duties as part of a law enforcement investigation;
(iv) The person does not use or consume a tobacco product as part of such duties; and
(v) The person is not actively assigned to a diversion program, is not a party to a pending criminal proceeding or a proceeding pending under the Nebraska Juvenile Code, and is not on probation.
(b) Any person under the age of twenty-one years acting in accordance with and under the authority of this subsection shall not be in violation of section 28-1427.
Source
Laws 1885, c. 105, §§ 1, 2, p. 394;
Laws 1903, c. 138, § 1, p. 643;
R.S.1913, § 8847;
C.S.1922, § 9848;
C.S.1929, § 28-1022;
R.S.1943, § 28-1021;
Laws 1977, LB 40, § 104;
R.R.S.1943, § 28-1021, (1975);
Laws 2014, LB863, § 18;
Laws 2019, LB149, § 3;
Laws 2019, LB397, § 3;
Laws 2020, LB1064, § 3.
Cross References
Nebraska Juvenile Code, see section 43-2,129.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1420 - License requisite for sale; violation; penalty.

28-1420.
License requisite for sale; violation; penalty.
It shall be unlawful for any person, partnership, limited liability company, or corporation to sell, keep for sale, or give away in course of trade, any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material to anyone without first obtaining a license as provided in sections 28-1421 and 28-1422. It shall also be unlawful for any wholesaler to sell or deliver any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material to any person, partnership, limited liability company, or corporation who, at the time of such sale or delivery, is not the recipient of a valid tobacco license for the current year to retail the same as provided in such sections. It shall also be unlawful for any person, partnership, limited liability company, or corporation to purchase or receive, for purposes of resale, any cigars, tobacco, electronic nicotine delivery systems, cigarettes, or cigarette material if such person, partnership, limited liability company, or corporation is not the recipient of a valid tobacco license to retail such tobacco products at the time the same are purchased or received. Whoever shall be found guilty of violating this section shall be guilty of a Class III misdemeanor for each offense.
Source
Laws 1919, c. 180, § 1, p. 401;
C.S.1922, § 9849;
C.S.1929, § 28-1023;
Laws 1941, c. 50, § 1, p. 242;
C.S.Supp.,1941, § 28-1023;
R.S.1943, § 28-1022;
Laws 1977, LB 40, § 105;
R.R.S.1943, § 28-1022, (1975);
Laws 1993, LB 121, § 187;
Laws 2019, LB149, § 4;
Laws 2019, LB397, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1421 - License; where obtained; prohibited sales.

28-1421.
License; where obtained; prohibited sales.
Licenses for the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material to persons twenty-one years of age or over shall be issued to individuals, partnerships, limited liability companies, and corporations by the clerk or finance director of any city or village and by the county clerk of any county upon application duly made as provided in section 28-1422. The sale of cigarettes or cigarette materials that contain perfumes or drugs in any form is prohibited and is not licensed by the provisions of this section. Only cigarettes and cigarette material containing pure white paper and pure tobacco shall be licensed.
Source
Laws 1919, c. 180, § 2, p. 401;
C.S.1922, § 9850;
C.S.1929, § 28-1024;
R.S.1943, § 28-1023;
Laws 1961, c. 128, § 1, p. 379;
R.R.S.1943, § 28-1023, (1975);
Laws 1993, LB 121, § 188;
Laws 2019, LB149, § 5;
Laws 2019, LB397, § 5;
Laws 2020, LB1064, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1422 - License for sale of tobacco; application; contents.

28-1422.
License for sale of tobacco; application; contents.
Every person, partnership, limited liability company, or corporation desiring a license under sections 28-1420 to 28-1429 shall file with the clerk or finance department of the city, town, or village where his, her, their, or its place of business is located, if within the limits of a city, town, or village or with the clerk of the county where such place of business is located if outside the limits of any city, town, or village a written application stating the name of the person, partnership, limited liability company, or corporation for whom such license is desired and the exact location of the place of business and shall deposit with such application the amount of the license fee provided in section 28-1423. If the applicant is an individual, the application shall include the applicant's social security number.
Source
Laws 1919, c. 180, § 3, p. 401;
C.S.1922, § 9851;
C.S.1929, § 28-1025;
R.S.1943, § 28-1024;
Laws 1961, c. 128, § 2, p. 379;
R.R.S.1943, § 28-1024, (1975);
Laws 1993, LB 121, § 189;
Laws 1997, LB 752, § 85.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1423 - License; term; fees; false swearing; penalty.

28-1423.
License; term; fees; false swearing; penalty.
The term for which such license shall run shall be from the date of filing such application and paying such license fee to and including December 31 of the calendar year in which application for such license is made, and the license fee for any person, partnership, limited liability company, or corporation selling at retail shall be twenty-five dollars in cities of the metropolitan class, fifteen dollars in cities of the primary and first classes, and ten dollars in cities of all other classes and in towns and villages and in locations outside of the limits of cities, towns, and villages. Any person, partnership, limited liability company, or corporation selling annually in the aggregate more than one hundred fifty thousand cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco in any form, at wholesale, shall pay a license fee of one hundred dollars, and if such combined annual sales amount to less than one hundred fifty thousand cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco, the annual license fee shall be fifteen dollars. No wholesaler's license shall be issued in any year on a less basis than one hundred dollars per annum unless the applicant for the same shall file with such application a statement duly sworn to by himself or herself, or if applicant is a partnership, by a member of the firm, or if a limited liability company, by a member or manager of the company, or if a corporation, by an officer or manager thereof, that in the past such wholesaler's combined sales of cigars, packages of cigarettes, electronic nicotine delivery systems, and packages of tobacco in every form have not exceeded in the aggregate one hundred fifty thousand annually, and that such sales will not exceed such aggregate amount for the current year for which the license is to issue. Any person swearing falsely in such affidavit shall be guilty of perjury and upon conviction thereof shall be punished as provided by section 28-915 and such wholesaler's license shall be revoked until the full license fee is paid. If application for license is made after July 1 of any calendar year, the fee shall be one-half of the fee provided in this section.
Source
Laws 1919, c. 180, § 4, p. 402;
C.S.1922, § 9852;
Laws 1923, c. 136, § 1, p. 335;
Laws 1927, c. 198, § 1, p. 565;
C.S.1929, § 28-1026;
R.S.1943, § 28-1025;
Laws 1978, LB 748, § 20;
R.R.S.1943, § 28-1025, (1975);
Laws 1993, LB 121, § 190;
Laws 2019, LB149, § 6;
Laws 2019, LB397, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1424 - License; rights of licensee.

28-1424.
License; rights of licensee.
The license provided for in sections 28-1421 and 28-1422 shall, when issued, authorize the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material by the licensee and employees, to persons twenty-one years of age or over, at the place of business described in such license for the term therein authorized, unless the license is forfeited as provided in section 28-1425.
Source
Laws 1919, c. 180, § 5, p. 402;
C.S.1922, § 9853;
C.S.1929, § 28-1027;
R.S.1943, § 28-1026;
Laws 1957, c. 100, § 2, p. 359;
R.R.S.1943, § 28-1026, (1975);
Laws 2019, LB149, § 7;
Laws 2019, LB397, § 7;
Laws 2020, LB1064, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1425 - Licensees; sale of tobacco, electronic nicotine delivery systems, or alternative nicotine products to persons under the age of twenty-one years; penalty.

28-1425.
Licensees; sale of tobacco, electronic nicotine delivery systems, or alternative nicotine products to persons under the age of twenty-one years; penalty.
Any licensee who shall sell, give, or furnish in any way to any person under the age of twenty-one years, or who shall willingly allow to be taken from his or her place of business by any person under the age of twenty-one years, any cigars, tobacco, cigarettes, cigarette material, electronic nicotine delivery systems, or alternative nicotine products is guilty of a Class III misdemeanor. Any officer, director, or manager having charge or control, either separately or jointly with others, of the business of any corporation which violates sections 28-1419, 28-1420 to 28-1429, and 28-1429.03, if he or she has knowledge of such violation, shall be subject to the penalties provided in this section. In addition to the penalties provided in this section, such licensee shall be subject to the additional penalty of a revocation and forfeiture of his, her, their, or its license, at the discretion of the court before whom the complaint for violation of such sections may be heard. If such license is revoked and forfeited, all rights under such license shall at once cease and terminate.
Source
Laws 1919, c. 180, § 6, p. 402;
C.S.1922, § 9854;
C.S.1929, § 28-1028;
R.S.1943, § 28-1027;
Laws 1957, c. 100, § 3, p. 360;
Laws 1977, LB 40, § 106;
R.R.S.1943, § 28-1027, (1975);
Laws 2014, LB863, § 19;
Laws 2019, LB149, § 8;
Laws 2019, LB397, § 8;
Laws 2020, LB1064, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1426 - Licenses for sale of tobacco; fees inure to school fund.

28-1426.
Licenses for sale of tobacco; fees inure to school fund.
All money collected as license fees under the provisions of sections 28-1420 to 28-1429, shall be paid over by the clerk or finance director receiving it to the treasurer of the school fund for the particular city, town, village or county, as the case may be.
Source
Laws 1919, c. 180, § 7, p. 403;
C.S.1922, § 9855;
C.S.1929, § 28-1029;
R.S.1943, § 28-1028;
Laws 1961, c. 128, § 3, p. 380;
R.R.S.1943, § 28-1028, (1975).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1427 - Person misrepresenting age to obtain tobacco, electronic nicotine delivery systems, or alternative nicotine products; penalty.

28-1427.
Person misrepresenting age to obtain tobacco, electronic nicotine delivery systems, or alternative nicotine products; penalty.
Except as provided in subsection (2) of section 28-1419, any person under the age of twenty-one years who obtains cigars, tobacco, cigarettes, cigarette material, electronic nicotine delivery systems, or alternative nicotine products from a licensee by representing that he or she is of the age of twenty-one years or over is guilty of a Class V misdemeanor.
Source
Laws 1919, c. 180, § 8, p. 403;
C.S.1922, § 9856;
C.S.1929, § 28-1030;
R.S.1943, § 28-1029;
Laws 1947, c. 98, § 1, p. 281;
Laws 1977, LB 40, § 107;
R.R.S.1943, § 28-1029, (1975);
Laws 2014, LB863, § 20;
Laws 2019, LB149, § 9;
Laws 2019, LB397, § 9;
Laws 2020, LB1064, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1428 - Transfer of tobacco license.

28-1428.
Transfer of tobacco license.
In case of the sale of a business where the owner has a license hereunder, the licensing authority may authorize such license to be transferred to the purchaser. In case of a change of location by any licensee hereunder, the licensing authority may transfer such license to the new location.
Source
Laws 1919, c. 180, § 9, p. 403;
C.S.1922, § 9857;
C.S.1929, § 28-1031;
R.S.1943, § 28-1030.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1429 - Revocation of tobacco license; reissue.

28-1429.
Revocation of tobacco license; reissue.
In the event that the license of a licensee hereunder shall be revoked and forfeited as provided in section 28-1425, no new license shall be issued to such licensee until the expiration of one year from the date of such revocation and forfeiture.
Source
Laws 1919, c. 180, § 10, p. 403;
C.S.1922, § 9858;
C.S.1929, § 28-1032;
R.S.1943, § 28-1031.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1429.01 - Vending machines; legislative findings.

28-1429.01.
Vending machines; legislative findings.
The Legislature finds that the incumbent health risks associated with using tobacco products have been scientifically proven. The Legislature further finds that the growing number of young people who start using tobacco products is staggering, and even more abhorrent are the ages at which such use begins. The Legislature has established an age restriction on the use of tobacco products. To ensure that the use of tobacco products among young people is discouraged to the maximum extent possible, it is the intent of the Legislature to ban the use of vending machines and similar devices to dispense tobacco products in facilities, buildings, or areas which are open to the general public within Nebraska.
Source
Laws 1992, LB 130, § 1;
Laws 2019, LB149, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1429.02 - Vending machines; restrictions on use; violation; penalty; local ordinances; authorized.

28-1429.02.
Vending machines; restrictions on use; violation; penalty; local ordinances; authorized.
(1) Except as provided in subsection (2) of this section, it shall be unlawful to dispense cigarettes, other tobacco products, electronic nicotine delivery systems, or alternative nicotine products from a vending machine or similar device. Any person violating this section is guilty of a Class III misdemeanor. In addition, upon conviction for a second offense, the court shall order a six-month suspension of the offender's license to sell tobacco and electronic nicotine delivery systems, if any, and, upon conviction for a third or subsequent offense, the court shall order the permanent revocation of the offender's license to sell tobacco and electronic nicotine delivery systems, if any.
(2) Cigarettes, other tobacco products, electronic nicotine delivery systems, or alternative nicotine products may be dispensed from a vending machine or similar device when such machine or device is located in an area, office, business, plant, or factory which is not open to the general public or on the licensed premises of any establishment having a license issued under the Nebraska Liquor Control Act for the sale of alcoholic liquor for consumption on the premises when such machine or device is located in the same room in which the alcoholic liquor is dispensed.
(3) Nothing in this section shall be construed to restrict or prohibit a governing body of a city or village from establishing and enforcing ordinances at least as stringent as or more stringent than the provisions of this section.
Source
Laws 1992, LB 130, § 2;
Laws 2014, LB863, § 21;
Laws 2019, LB149, § 11;
Laws 2019, LB397, § 10.
Cross References
Nebraska Liquor Control Act, see section 53-101.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1429.03 - Self-service display; restrictions on use; violation; penalty.

28-1429.03.
Self-service display; restrictions on use; violation; penalty.
(1) Except as provided in subsection (2) of this section and section 28-1429.02, it shall be unlawful to sell or distribute cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco in any form whatever through a self-service display. Any person violating this section is guilty of a Class III misdemeanor. In addition, upon conviction for a second or subsequent offense within a twelve-month period, the court shall order a six-month suspension of the license issued under section 28-1421.
(2) Cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco in any form whatever may be sold or distributed in a self-service display that is located in a tobacco specialty store or cigar shop as defined in section 53-103.08.
Source
Laws 2014, LB863, § 22;
Laws 2015, LB118, § 1;
Laws 2019, LB149, § 12;
Laws 2019, LB397, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1439.02 - Drug forfeitures; county treasurer; duties; County Drug Law Enforcement and Education Fund.

28-1439.02.
Drug forfeitures; county treasurer; duties; County Drug Law Enforcement and Education Fund.
(1) The proceeds from any sale ordered pursuant to section 28-431, less legal costs, charges, and claims allowed, and any money forfeited pursuant to section 28-431 shall be paid to the county treasurer of the county in which the seizure was made. The county treasurer shall dispose of all such proceeds from property forfeited pursuant to subdivision (1)(g) of section 28-431 and fifty percent of the money forfeited pursuant to subdivision (1)(h) of section 28-431 in the manner provided for disposition of fines, penalties, and license money under the Constitution of Nebraska. The county treasurer shall disburse the remaining fifty percent of the money forfeited pursuant to subdivision (1)(h) of section 28-431 to his or her respective County Drug Law Enforcement and Education Fund. Each county shall create a County Drug Law Enforcement and Education Fund.
(2) Money remitted to any county pursuant to section 77-4310.01 shall be credited by the county treasurer of such county to the County Drug Law Enforcement and Education Fund.
Source
Laws 1985, LB 247, § 2;
Laws 1991, LB 773, § 2;
Laws 2016, LB1009, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1439.03 - County Drug Law Enforcement and Education Fund Board; membership; terms; powers and duties; rules and regulations.

28-1439.03.
County Drug Law Enforcement and Education Fund Board; membership; terms; powers and duties; rules and regulations.
A County Drug Law Enforcement and Education Fund Board shall be created by each county of this state to administer its respective fund pursuant to section 28-1439.02. The board may authorize use of the fund for drug enforcement and drug education purposes, in its own or any other county, by village, city, county, or state law enforcement agencies.
The board shall consist of the county attorney and three representatives of law enforcement agencies who shall be appointed by the county attorney. One representative shall be from the county sheriff's office, one representative shall be from a city or village police department within the county, and one representative shall be from the Nebraska State Patrol. Terms shall be for two years, except that the initial term of the police department representative shall be for one year. The county attorney shall serve as chairperson.
If during any fiscal year the fund contains money forfeited pursuant to subdivision (1)(h) of section 28-431, the board shall meet at least once during such year and make an accounting of the expenditures of the fund. At the end of any fiscal year in which the fund has contained money, the board shall make a report summarizing the use of the fund during such year to the Auditor of Public Accounts, except that such report shall contain no information which would jeopardize an ongoing investigation. Such report shall indicate the amount of money placed in the fund, the amount of money disbursed, the number of cases opened and closed in which the fund was utilized, and the drug education activities for which money in the fund was utilized. The board may adopt and promulgate all rules and regulations necessary for the expenditures and accountability of such fund.
Source
Laws 1985, LB 247, § 3;
Laws 1991, LB 773, § 3;
Laws 2016, LB1009, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1439.04 - Terms, defined.

28-1439.04.
Terms, defined.
For purposes of sections 28-1439.02 to 28-1439.05:
(1) Drug education purposes shall mean drug education activities conducted by the Nebraska State Patrol or other law enforcement agencies in cooperation with elementary and secondary schools in Nebraska; and
(2) Drug enforcement purposes shall include, but not be limited to, the following when used or expended by law enforcement agencies or their agents in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances:
(a) Salaries for informants and any expenses of all agents and informants;
(b) Flash money for drug purchases; and
(c) Money for drug purchases.
Source
Laws 1985, LB 247, § 4;
Laws 1991, LB 773, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1439.05 - County Drug Law Enforcement and Education Fund Boards; legislative intent.

28-1439.05.
County Drug Law Enforcement and Education Fund Boards; legislative intent.
The Legislature hereby finds and declares that it is the intent of section 28-1439.03 to foster cooperation among the County Drug Law Enforcement and Education Fund Boards in the state by encouraging boards which have no use for the funds to disburse the funds to boards in other counties.
Source
Laws 1985, LB 247, § 5;
Laws 1991, LB 773, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1463.01 - Act, how cited.

28-1463.01.
Act, how cited.
Sections 28-1463.01 to 28-1463.06 shall be known and may be cited as the Child Pornography Prevention Act.
Source
Laws 1985, LB 668, § 1;
Laws 2016, LB1106, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1463.03 - Visual depiction of sexually explicit conduct; prohibited acts.

28-1463.03.
Visual depiction of sexually explicit conduct; prohibited acts.
(1) It shall be unlawful for a person to knowingly make, publish, direct, create, provide, or in any manner generate any visual depiction of sexually explicit conduct which has a child other than the defendant as one of its participants or portrayed observers.
(2) It shall be unlawful for a person knowingly to purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, or provide to any person any visual depiction of sexually explicit conduct which has a child other than the defendant as one of its participants or portrayed observers.
(3) It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to engage in any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.
(4) It shall be unlawful for a parent, stepparent, legal guardian, or any person with custody and control of a child, knowing the content thereof, to consent to such child engaging in any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.
Source
Laws 1978, LB 829, § 1;
R.S.1943, (1979), § 28-1463;
Laws 1985, LB 668, § 3;
Laws 2009, LB97, § 18;
Laws 2019, LB630, § 5.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
A person who generates differing and multiple prohibited visual depictions or causes a child to engage in the creation of such visual depictions commits multiple offenses of subsection (1) or (3) of this section, even though each such differing visual depiction involves the same subject captured in a narrow timeframe. State v. Mather, 264 Neb. 182, 646 N.W.2d 605 (2002).
The sexual nature of a photograph is not determined solely from the subjects of the photograph, but from the motives of the persons generating the photograph. State v. Saulsbury, 243 Neb. 227, 498 N.W.2d 338 (1993).
Under previous statute, the act of appearing in an obscene film depicting children was prohibited. State v. Jensen, 226 Neb. 40, 409 N.W.2d 319 (1987).
Subsection (1) of this section is neither overbroad nor vague under federal Constitution, but there is an open question of constitutionality under the Constitution of Nebraska. One may "publish" by showing a videotape; the phrase "portrayed observer" is not unconstitutionally overbroad; the phrase "sexually explicit conduct" is not unconstitutionally vague; and sexual excitement is not an element or substantial motivational factor of some of the conduct proscribed under subsection (1) of this section. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1463.04 - Violation; penalty.

28-1463.04.
Violation; penalty.
(1) Any person who is under nineteen years of age at the time he or she violates section 28-1463.03 shall be guilty of a Class III felony for each offense.
(2) Any person who is nineteen years of age or older at the time he or she violates section 28-1463.03 shall be guilty of a Class ID felony for each offense.
(3) Any person who violates section 28-1463.03 and has previously been convicted of a violation of section 28-1463.03 or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813, 28-833, or 28-1463.05 or subsection (1) or (2) of section 28-320 shall be guilty of a Class IC felony for each offense.
Source
Laws 1978, LB 829, § 2;
R.S.1943, (1979), § 28-1464;
Laws 1985, LB 668, § 5;
Laws 2009, LB97, § 19.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
First time violation of section 28-1463.03 constitutes a Class III felony. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1463.05 - Visual depiction of sexually explicit acts related to possession; violation; penalty.

28-1463.05.
Visual depiction of sexually explicit acts related to possession; violation; penalty.
(1) It shall be unlawful for a person to knowingly possess with intent to rent, sell, deliver, distribute, trade, or provide to any person any visual depiction of sexually explicit conduct which has a child other than the defendant as one of its participants or portrayed observers.
(2)(a) Any person who is under nineteen years of age at the time he or she violates this section shall be guilty of a Class IIIA felony for each offense.
(b) Any person who is nineteen years of age or older at the time he or she violates this section shall be guilty of a Class IIA felony for each offense.
(c) Any person who violates this section and has previously been convicted of a violation of this section or section 28-308, 28-309, 28-310, 28-311, 28-313, 28-314, 28-315, 28-319, 28-319.01, 28-320.01, 28-813, 28-833, or 28-1463.03 or subsection (1) or (2) of section 28-320 shall be guilty of a Class IC felony for each offense.
Source
Laws 1985, LB 668, § 4;
Laws 1986, LB 788, § 2;
Laws 2004, LB 943, § 7;
Laws 2009, LB97, § 20;
Laws 2015, LB605, § 58;
Laws 2019, LB630, § 6.
Cross References
Registration of sex offenders, see sections 29-4001 to 29-4014.
Annotations
Prosecutor is free to prosecute conduct arguably within this provision under another provision with harsher penalties, so long as decision is not based on race, religion, or other arbitrary classification. State v. Burke, 225 Neb. 625, 408 N.W.2d 239 (1987).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1463.06 - Property subject to forfeiture; hearing.

28-1463.06.
Property subject to forfeiture; hearing.
In addition to the penalties provided in the Child Pornography Prevention Act, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of the Child Pornography Prevention Act.
Source
Laws 2016, LB1106, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1465 - Aircraft; operation while under influence of liquor or drug; prohibited.

28-1465.
Aircraft; operation while under influence of liquor or drug; prohibited.
It shall be unlawful for any person to operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or when that person has five-hundredths of one percent or more by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood or breath.
Source
Laws 1978, LB 903, § 1;
Laws 2001, LB 773, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1466 - Aircraft; operation while under influence of liquor or drug; violation; penalty.

28-1466.
Aircraft; operation while under influence of liquor or drug; violation; penalty.
Any person who shall operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or while having five-hundredths of one percent by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood or breath shall be deemed guilty of a crime and, upon conviction thereof, shall be punished as provided in sections 28-1467 to 28-1469.
Source
Laws 1978, LB 903, § 2;
Laws 2001, LB 773, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1467 - Aircraft; operation while under influence of liquor or drug; first offense; penalty.

28-1467.
Aircraft; operation while under influence of liquor or drug; first offense; penalty.
If a conviction under section 28-1466 is for a first offense, the person shall be guilty of a Class III misdemeanor and the court shall, as part of the judgment of conviction, order such person not to operate any aircraft for any purpose for a period of six months from the date ordered by the court. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later. If the court suspends the proceedings and places such person on probation as provided by law, the court as one of the conditions of probation shall order such person not to operate any aircraft for any purpose for a period of thirty days from the date of the order.
Source
Laws 1978, LB 903, § 3;
Laws 1997, LB 772, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1468 - Aircraft; operation while under influence of liquor or drug; second offense; penalty.

28-1468.
Aircraft; operation while under influence of liquor or drug; second offense; penalty.
If a conviction under section 28-1466 is for a second offense, the person shall be guilty of a Class III misdemeanor and shall be imprisoned in the county jail for not less than five days and the court shall, as part of the judgment of conviction, order such person not to operate any aircraft for any purpose for a period of one year from the date ordered by the court. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later. If the aircraft which such person was operating or was actually physically controlling, while under the influence of alcoholic liquor or any drug, is registered in the name of such person, the aircraft shall be impounded by the court for a period of not less than two months nor greater than one year at the expense and risk of the owner thereof; except that any aircraft so impounded shall be released to the holder of a bona fide lien thereon, executed prior to such impounding, when possession of such aircraft is requested in writing by such lienholder for the purpose of foreclosing and satisfying the lien thereon.
Source
Laws 1978, LB 903, § 4;
Laws 1997, LB 772, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1469 - Aircraft; operation while under influence of liquor or drug; third or subsequent offense; penalty.

28-1469.
Aircraft; operation while under influence of liquor or drug; third or subsequent offense; penalty.
If a conviction under section 28-1466 is for a third offense or subsequent offense thereafter, the person shall be guilty of a Class IV felony, and the court shall, as part of the judgment of conviction, order such person not to operate any aircraft for any purpose for a period of one year from the date ordered by the court. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.
Source
Laws 1978, LB 903, § 5;
Laws 1997, LB 772, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1470 - Aircraft; implied consent of operator to submit to chemical test.

28-1470.
Aircraft; implied consent of operator to submit to chemical test.
Any person who operates or has in his or her actual physical control an aircraft within this state shall be deemed to have given his or her consent to submit to a chemical test of his or her blood or breath, for the purpose of determining the amount of alcoholic content in his or her body fluid.
Source
Laws 1978, LB 903, § 6;
Laws 2001, LB 773, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1471 - Aircraft; operation while under influence of liquor or drug; chemical test; law enforcement officer; powers.

28-1471.
Aircraft; operation while under influence of liquor or drug; chemical test; law enforcement officer; powers.
Any law enforcement officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was operating or was in actual physical control of an aircraft while under the influence of alcoholic liquor to submit to a chemical test of his or her blood or breath for the purpose of determining the alcoholic content of his or her body fluid, when the officer has reasonable grounds to believe that such person was operating or was in the actual physical control of an aircraft within this state while under the influence of alcoholic liquor.
Source
Laws 1978, LB 903, § 7;
Laws 2001, LB 773, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1472 - Aircraft; operation while under influence of liquor or drug; breath test; refusal; penalty.

28-1472.
Aircraft; operation while under influence of liquor or drug; breath test; refusal; penalty.
Any law enforcement officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his actual physical control an aircraft within the airspace of this state to submit to a preliminary test of his breath for alcohol content if the officer has reasonable grounds to believe that such person has alcohol in his body, or has committed a violation of flying regulations, or has been involved in an aircraft accident. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol content of five-hundredths of one percent or more shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class V misdemeanor.
Source
Laws 1978, LB 903, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1473 - Aircraft; operation while under influence of liquor or drug; chemical test; refusal; penalty.

28-1473.
Aircraft; operation while under influence of liquor or drug; chemical test; refusal; penalty.
Any person arrested pursuant to sections 28-1465 to 28-1474 may, upon the direction of a law enforcement officer, be required to submit to a chemical test of his or her blood or breath for a determination of the alcohol content. Any person who refuses to submit to a chemical blood or breath test required pursuant to sections 28-1465 to 28-1474 shall be guilty of a crime and, upon conviction thereof, shall be punished in the same manner as he or she would be if convicted for a violation of section 28-1465.
Source
Laws 1978, LB 903, § 9;
Laws 2001, LB 773, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1474 - Aircraft; operation while under influence of liquor or drug; breath or chemical test; refusal; advised of consequences.

28-1474.
Aircraft; operation while under influence of liquor or drug; breath or chemical test; refusal; advised of consequences.
Any person who is required to submit to a preliminary breath test, or to a chemical blood or breath test pursuant to sections 28-1465 to 28-1474 shall be advised of the consequences of refusing to submit to such test.
Source
Laws 1978, LB 903, § 10;
Laws 2001, LB 773, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1475 - Revisor of Statutes; crimes categorized; duties.

28-1475.
Revisor of Statutes; crimes categorized; duties.
The Revisor of Statutes shall place in the Appendix to the Reissue Revised Statutes of Nebraska a list of all crimes which have been categorized pursuant to sections 28-105 and 28-106. An updated list shall be included in the annual supplement to the statutes.
Source
Laws 1978, LB 748, § 58;
Laws 1995, LB 589, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1475.01 - State or local law enforcement agency; authorized to receive forfeited property.

28-1475.01.
State or local law enforcement agency; authorized to receive forfeited property.
Notwithstanding any other provision of the laws of the State of Nebraska, any state or local law enforcement agency which participated directly with federal law enforcement agencies in any of the acts which led to the seizure or forfeiture of property being held by federal law enforcement agencies shall be authorized to receive such property directly from the federal government.
Source
Laws 1985, LB 247, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1476 - Advertisement; untrue, deceptive, or misleading; unlawful.

28-1476.
Advertisement; untrue, deceptive, or misleading; unlawful.
After July 19, 1980, it shall be unlawful for any person, firm, corporation, or association, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, to make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, containing any assertion, representation, or statement of fact which is known to be untrue, deceptive, or misleading.
Source
Laws 1980, LB 185, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1477 - Deceptive or misleading advertising; unlawful acts; enumerated.

28-1477.
Deceptive or misleading advertising; unlawful acts; enumerated.
For the purpose of section 28-1476 any person, firm, corporation, or association shall be deemed guilty of deceptive or misleading advertising that makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any merchandise for sale at retail at less than original actual cost or less than original replacement cost, whichever is lower, if the merchant does not have a sufficient quantity of merchandise to meet the reasonable expected demand, or the advertisement either (1) fails to state in such advertisement the quantity of merchandise available for sale, or (2) fails to state that the advertiser is discontinuing the item.
Source
Laws 1980, LB 185, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1478 - Deceptive or misleading advertising; violation; penalty.

28-1478.
Deceptive or misleading advertising; violation; penalty.
Any person, firm, corporation or association violating the provisions of section 28-1476 shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1980, LB 185, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1480 - Terms, defined.

28-1480.
Terms, defined.
As used in sections 28-1480 to 28-1482, unless the context otherwise requires:
(1) Civil disorder shall mean any public disturbance involving acts of violence which causes an immediate danger of or results in damage or injury to persons or property;
(2) Explosive or incendiary device shall mean (a) dynamite and all other forms of high explosives, (b) any explosive bomb, grenade, missile, or similar device, and (c) any incendiary bomb or grenade, firebomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and (ii) can be carried or thrown by one individual acting alone; and
(3) Firearm shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
Source
Laws 1986, LB 772, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1481 - Acts prohibited.

28-1481.
Acts prohibited.
It shall be unlawful within the boundaries of this state:
(1) For any person to teach or demonstrate to any other person the use, application, or making of any firearm or explosive or incendiary device capable of causing injury or death to persons when such person knows or has reason to know or intends that such information or ability will be unlawfully employed for use in or in furtherance of a civil disorder; or
(2) For any person to assemble with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm or explosive or incendiary device capable of causing injury or death to persons when such person intends to unlawfully employ such training, practice, or instruction for use in or in furtherance of a civil disorder.
Source
Laws 1909, c. 90, § 68, p. 385;
R.S.1913, § 3966;
C.S.1922, § 3364;
C.S.1929, § 55-182;
R.S.1943, § 55-188;
Laws 1969, c. 459, § 74, p. 1605;
R.S.1943, (1984), § 55-176;
Laws 1986, LB 772, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1482 - Violation; penalty.

28-1482.
Violation; penalty.
Any person violating section 28-1481 shall be guilty of a Class IV felony.
Source
Laws 1909, c. 90, § 69, p. 386;
R.S.1913, § 3967;
C.S.1922, § 3365;
C.S.1929, § 55-183;
R.S.1943, § 55-189;
Laws 1969, c. 459, § 75, p. 1605;
Laws 1977, LB 39, § 54;
R.S.1943, (1984), § 55-177;
Laws 1986, LB 772, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1483 - Donated food; resale prohibited; violation; penalty.

28-1483.
Donated food; resale prohibited; violation; penalty.
(1) It shall be unlawful for any person or charitable or nonprofit organization receiving food pursuant to section 25-21,189 to sell or offer to sell such food.
(2) Violation of the provisions of subsection (1) of this section shall be a Class V misdemeanor.
Source
Laws 1981, LB 38, § 3;
R.S.1943, (1981), § 81-217.31;
Laws 1987, LB 201, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1602 - Property used in commission of certain crimes; forfeiture; prosecuting authority; duties; pleading; contents.

28-1602.
Property used in commission of certain crimes; forfeiture; prosecuting authority; duties; pleading; contents.
(1) The prosecuting authority must specifically plead its intent to seek forfeiture of any property upon a conviction for a violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 in the same criminal information charging the underlying violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.
(2) In pleading its intent to seek forfeiture, the information shall specifically (a) state the date the property was seized, (b) state the place the property was seized from, (c) describe the property sought to be forfeited, and (d) if known, state the name of the owner of the property, the name of the person or persons in possession of the property or in physical proximity to the property when it was seized, and the name of any other person or entity that may have a claim or interest in the property.
Source
Laws 2016, LB1106, § 12.
Cross References
Child Pornography Prevention Act, see section 28-1463.01.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1603 - Law enforcement agency or prosecuting authority; seized property; prohibited acts.

28-1603.
Law enforcement agency or prosecuting authority; seized property; prohibited acts.
No law enforcement agency or prosecuting authority of this state or its political subdivisions shall transfer or refer any money or property to a federal law enforcement authority or other federal agency by any means unless:
(1) The money or property seized exceeds twenty-five thousand dollars in currency or value;
(2) The money or property is physically seized by a federal agent who is employed by the federal government; or
(3) The person from whom the money or property was seized is the subject of a federal prosecution or the facts and circumstances surrounding the money or property seized are the subject of a federal prosecution.
Source
Laws 2016, LB1106, § 13.