Neb. Rev. Stat. § 28-106

Current with changes from the 2024 legislative session from acts signed by the governor on or before 3/10/2024

Section 28-106 - Misdemeanors; classification of penalties; sentences; where served

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:

Class I misdemeanor........	Maximum - not more than one year
imprisonment, or one thousand dollars
fine, or both
Minimum - none
Class II misdemeanor.......	Maximum - six months imprisonment, or
one thousand dollars fine, or both
Minimum - none
Class III misdemeanor......	Maximum - three months imprisonment,
or five hundred dollars fine, or both
Minimum - none
Class IIIA misdemeanor.....	Maximum - seven days imprisonment, five
hundred dollars fine, or both
Minimum - none
Class IV misdemeanor.......	Maximum - no imprisonment, five
hundred dollars fine
Minimum - none
Class V misdemeanor........	Maximum - no imprisonment, one
hundred dollars fine
Minimum - none
Class W misdemeanor.......	Driving under the influence or implied
consent
First conviction
Maximum - sixty days imprisonment and
five hundred dollars fine
Mandatory minimum - seven days
imprisonment and five hundred dollars
fine
Second conviction
Maximum - six months imprisonment and
five hundred dollars fine
Mandatory minimum - thirty days
imprisonment and five hundred dollars
fine
Third conviction
Maximum - one year imprisonment and
one thousand dollars fine
Mandatory minimum - ninety days
imprisonment
and one thousand dollars fine

(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that such sentences may be served in institutions under the jurisdiction of the Department of Correctional Services if the sentence is to be served concurrently or consecutively with a term for conviction of a felony and the combined sentences total a term of one year or more. A determinate sentence shall be imposed for a misdemeanor if the sentence is to be served concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony.

Neb. Rev. Stat. § 28-106

Laws 1977, LB 38, § 6; Laws 1982, LB 568, § 1; Laws 1986, LB 153, § 1; Laws 1992, LB 291, § 1; Laws 1998, LB 309, § 1; Laws 2002, LB 82, § 3; Laws 2005, LB 594, § 1; Laws 2011, LB 675,§ 1; Laws 2015, LB 605,§ 7; Laws 2016, LB 1094,§ 3.

Amended by Laws 2016, LB 1094,§ 3, eff. 4/20/2016.

Amended by Laws 2015, LB 605,§ 7, eff. 8/30/2015.