Section 28-105 - Felonies; classification of penalties; sentences; where served; eligibility for probation(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: | Class I felony | Death |
| Class IA felony | Life imprisonment |
| Class IB felony | Maximum-life imprisonment |
| Minimum-twenty years imprisonment |
| Class IC felony | Maximum-fifty years imprisonment |
| Mandatory minimum-five years imprisonment |
| Class ID felony | Maximum-fifty years imprisonment |
| Mandatory minimum-three years imprisonment |
| Class II felony | Maximum-fifty years imprisonment |
| Minimum-one year imprisonment |
| Class IIA felony | Maximum-twenty years imprisonment |
| Minimum-none |
| Class III felony | Maximum-four years imprisonment and two years |
| post-release supervision or |
| twenty-five thousand dollars fine, or both |
| Minimum-none for imprisonment and nine months |
| post-release supervision if imprisonment is imposed |
| Class IIIA felony | Maximum-three years imprisonment |
| and eighteen months post-release supervision or |
| ten thousand dollars fine, or both |
| Minimum-none for imprisonment and nine months |
| post-release supervision if imprisonment is imposed |
| Class IV felony | Maximum-two years imprisonment and twelve |
| months post-release supervision or |
| ten thousand dollars fine, or both |
| Minimum-none for imprisonment and none for |
| post-release supervision |
(2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail.(3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals.(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation.(5) All sentences of post-release supervision shall be served under the jurisdiction of the Office of Probation Administration and shall be subject to conditions imposed pursuant to section 29-2262 and subject to sanctions authorized pursuant to section 29-2266.02.(6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-release supervision pursuant to subsection (1) of this section.(7) Any person who is sentenced to imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony committed on or after August 30, 2015, shall not be subject to post-release supervision pursuant to subsection (1) of this section.(8) The changes made to the penalties for Class III, IIIA, and IV felonies by Laws 2015, LB605, do not apply to any offense committed prior to August 30, 2015, as provided in section 28-116.Neb. Rev. Stat. §§ 28-105
Laws 1977, LB 38, § 5; Laws 1989, LB 592, § 1; Laws 1995, LB 371, § 2; Laws 1997, LB 364, § 1; Laws 1998, LB 900, § 1; Laws 1998, LB 1266, § 1; Laws 2002, Third Spec. Sess., LB 1, § 1; Laws 2011, LB 12, § 1; Laws 2015, LB268, § 6; Laws 2015, LB 605, § 6; Laws 2016, LB 1094, § 2; Referendum 2016, No. 426; Laws 2019, LB 686, § 2.Amended by Laws 2019, LB 686,§ 2, eff. 9/1/2019.Amended by Laws 2016, LB 1094,§ 2, eff. 4/20/2016.Amended by Laws 2015, LB 605,§ 6, eff. 8/30/2015.