WHAT EACH CHARGE CARRIES

34 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Nebraska sorts every crime into a class, and each class carries a fixed longest term and fine, so each level here names the class the offense section assigns.

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34 charges

Theft

CLASS II MISD to CLASS IIA FELONY · up to 20 years

Also searched as shoplifting, stealing, larceny, petty theft, grand theft

Taking or keeping another's property, including concealing store goods or switching price tags, with intent to deprive the owner, graded by value.

Class and maximums for Theft
Class	Up to	When
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	When$500 or less
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenMore than $500 but less than $1,500
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	When$1,500 or more but less than $5,000
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	When$5,000 or more

A second conviction at $500 or less is a Class I misdemeanor, and a third a Class IV felony.

Read the section →

Criminal mischief

CLASS III MISD to CLASS III FELONY · up to 4 years, and 2 years of post-release supervision

Also searched as vandalism, property damage, keying a car, destruction of property

Damaging another's property intentionally or recklessly, tampering with it so as to endanger people or property, or causing a loss by deception or threat.

Class and maximums for Criminal mischief
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA loss under $500, or none
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenA loss of $500 or more but less than $1,500
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA loss of $1,500 or more but less than $5,000
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenA loss of $5,000 or more
CLASS III FELONYClass III felony	Up to 4 years, and 2 years of post-release supervisionUp to $25,000 fine	WhenIntending to interrupt rail, broadband, water, gas or power

Read the section →

Issuing a bad check

CLASS II MISD to CLASS IIA FELONY · up to 20 years

Also searched as bounced check, insufficient funds, NSF check, hot check

Obtaining property or services with a check while knowing there are not sufficient funds or credit to pay it in full.

Class and maximums for Issuing a bad check
Class	Up to	When
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenLess than $500
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	When$500 or more but less than $1,500
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	When$1,500 or more but less than $5,000
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	When$5,000 or more

Read the section →

Identity theft

CLASS II MISD to CLASS IIA FELONY · up to 20 years

Also searched as stolen identity, using someone's information, credit fraud

Knowingly taking, possessing or using another person's identifying information without consent, to use their identity unlawfully, cause loss, or gain a benefit.

Class and maximums for Identity theft
Class	Up to	When
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenLess than $500 gained, or nothing
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	When$500 or more but less than $1,500
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	When$1,500 or more but less than $5,000
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	When$5,000 or more

Read the section →

Driving under the influence

CLASS W MISD · up to 7 to 60 days on a first conviction

Also searched as DUI, DWI, drunk driving, impaired driving, refusing a breath test

Operating or being in actual physical control of a motor vehicle under the influence of alcohol or a drug, or at eight-hundredths or more.

Class and maximums for Driving under the influence
Class	Up to	When
CLASS W MISDClass W misdemeanor	7 to 60 days on a first conviction$500 fine	WhenA first conviction

A second conviction carries 30 days to 6 months, a third 90 days to 1 year and $1,000, and later convictions are felonies.

Read the section →

Reckless driving

CLASS III MISD to CLASS II MISD · up to 6 months

Also searched as willful reckless driving, driving recklessly, street racing

Driving with indifference to the safety of people or property, or in willful disregard of it, which is willful reckless driving.

Class and maximums for Reckless driving
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA first conviction of either
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenA second conviction of either

Willful reckless driving also brings an order not to drive for at least 30 days.

Read the section →

Driving under suspension or revocation

CLASS III MISD to CLASS II MISD · up to 6 months

Also searched as driving on a suspended license, DUS, revoked license, driving while revoked

Operating a motor vehicle while the operator's license is suspended or revoked, or after an order not to drive.

Class and maximums for Driving under suspension or revocation
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenDriving during a suspension
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenDriving during a revocation, a first offense

Read the section →

Possession of marijuana

CLASS IV MISD to CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as weed, pot, cannabis, an ounce or less, drug possession

Knowingly or intentionally possessing marijuana, graded by weight and by the number of offenses.

Class and maximums for Possession of marijuana
Class	Up to	When
CLASS IV MISDClass IV misdemeanor	No imprisonment$400 fine	WhenOne ounce or less, a second offense: a $400 fine and up to 5 days
CLASS IIIA MISDClass IIIA misdemeanor	Up to 7 days$500 fine	WhenOne ounce or less, a third and later offense
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenMore than one ounce, up to one pound
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenMore than one pound

A first offense at one ounce or less is an infraction with a $300 fine.

Read the section →

Possession of a controlled substance

CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as meth, cocaine, pills without a prescription, fentanyl, drug charge

Knowingly or intentionally possessing a controlled substance other than marijuana without a valid prescription or other authority.

Class and maximums for Possession of a controlled substance
Class	Up to	When
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenPossession of any amount

Read the section →

Minor in possession of alcohol

CLASS III MISD · up to 3 months

Also searched as MIP, underage drinking, drinking under 21

A minor consuming, possessing or having physical control of alcohol in public, in a vehicle, or anywhere outside the home or a religious rite.

Class and maximums for Minor in possession of alcohol
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA person older than eighteen and under twenty-one

Read the section →

Furnishing alcohol to a minor

CLASS I MISD to CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as buying alcohol for minors, procuring, contributing, hosting an underage party

Selling, furnishing, giving or delivering alcoholic liquor to or for a minor, or permitting it.

Class and maximums for Furnishing alcohol to a minor
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenAny violation
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenKnowing and intentional, where the drinking caused serious bodily injury or death: at least 30 days

Read the section →

Tobacco or vaping under 21

CLASS V MISD · no imprisonment

Also searched as vaping, minor in possession of tobacco, nicotine under 21, e-cigarette

A person under the age of twenty-one smoking, vaping, or using tobacco or nicotine products in any form.

Class and maximums for Tobacco or vaping under 21
Class	Up to	When
CLASS V MISDClass V misdemeanor	No imprisonmentUp to $100 fine	WhenAny violation

Read the section →

Carrying a concealed weapon

CLASS I MISD to CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as concealed carry without a permit, CCW, hidden gun, concealed knife

Carrying a concealed handgun or other deadly weapon by a person the law does not permit to carry it that way.

Class and maximums for Carrying a concealed weapon
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA first offense
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenA second or later offense

Read the section →

Carrying a concealed handgun while intoxicated

CLASS III MISD to CLASS I MISD · up to 1 year

Also searched as drunk with a gun, carrying under the influence

Carrying a concealed handgun while consuming alcohol or while under the influence of alcohol or a drug.

Class and maximums for Carrying a concealed handgun while intoxicated
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA first offense
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA second or later offense

Read the section →

Unlawful possession of a firearm at a school

CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as gun on school grounds, gun at school

Possessing a firearm in a school, on school grounds, in a school vehicle or at a school sponsored activity, outside the exceptions.

Class and maximums for Unlawful possession of a firearm at a school
Class	Up to	When
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenAny violation

Read the section →

Resisting arrest

CLASS I MISD to CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as resisting an officer, pulling away from police

Intentionally preventing an officer from making an arrest by force, physical interference, or a substantial risk of injury.

Class and maximums for Resisting arrest
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA first offense
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenA second offense, or resisting with a deadly or dangerous weapon

Read the section →

Operating a vehicle to avoid arrest

CLASS I MISD to CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as fleeing police, running from the cops, high speed chase, evading

Driving a motor vehicle to flee in an effort to avoid arrest after an officer signals to stop.

Class and maximums for Operating a vehicle to avoid arrest
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenOrdinary case
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenWillful reckless driving, injury, or a prior conviction, among other things

Read the section →

Disturbing the peace

CLASS III MISD · up to 3 months

Also searched as disorderly conduct, breach of the peace, being loud

Intentionally disturbing the peace and quiet of any person, family or neighborhood.

Class and maximums for Disturbing the peace
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenAny violation

Read the section →

Criminal trespass

CLASS III MISD to CLASS I MISD · up to 1 year

Also searched as trespassing, refusing to leave, breaking into a building

Entering or remaining in a building or on land knowing one is not licensed or privileged to be there.

Class and maximums for Criminal trespass
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenSecond degree: land where notice against trespass was given
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenSecond degree, defying an order to leave from the owner
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenFirst degree: a building or secured occupied structure

Read the section →

Domestic assault

CLASS I MISD to CLASS IIA FELONY · up to 20 years

Also searched as domestic violence, DV, assault on a partner, hitting a spouse

Causing bodily injury to an intimate partner, or threatening one with imminent bodily injury, graded by injury and weapon.

Class and maximums for Domestic assault
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenThird degree
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenThird degree, with one previous conviction
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	WhenSecond degree: injury with a dangerous instrument

First degree, serious bodily injury, is a Class ID felony.

Read the section →

Violating a protection order

CLASS II MISD to CLASS IIA FELONY · up to 20 years

Also searched as breaking a restraining order, contacting the petitioner, violating a no contact order

Knowingly violating a protection order after service or notice of it, by the person it restrains.

Class and maximums for Violating a protection order
Class	Up to	When
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenA harassment order, a first offense
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA domestic abuse or sexual assault order, a first offense
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenA domestic abuse or sexual assault order, a second offense
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenA domestic abuse or sexual assault order, a third offense
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	WhenA domestic abuse or sexual assault order, a fourth or later offense

Read the section →

Violating the no contact period

CLASS I MISD to CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as contacting the victim after an arrest, no contact after domestic arrest

Knowingly contacting the victim, or going to the victim's residence, during the no contact period after a domestic or sexual assault arrest.

Class and maximums for Violating the no contact period
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA first violation
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenA second or later violation

Read the section →

Stalking

CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as harassment, following someone, cyberstalking

Willfully harassing a person or their family or household member with the intent to injure, terrify, threaten or intimidate.

Class and maximums for Stalking
Class	Up to	When
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenAny violation

Read the section →

Terroristic threats

CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as threatening someone, school threat, bomb threat

Threatening to commit a crime of violence to terrorize another, to cause an evacuation, or in reckless disregard of causing either.

Class and maximums for Terroristic threats
Class	Up to	When
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenAny violation

Read the section →

Unlawful intrusion and intimate images

CLASS I MISD to CLASS IIA FELONY · up to 20 years

Also searched as revenge porn, sharing nudes, peeping, sextortion

Intruding on a person in seclusion, recording an intimate area without consent, or distributing or threatening to distribute a private intimate image.

Class and maximums for Unlawful intrusion and intimate images
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenIntrusion, sharing a private image, or threatening to share one
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenRecording an intimate area without knowledge and consent
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	WhenDistributing a recording made without consent

Read the section →

Child abuse

CLASS I MISD to CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as child endangerment, child neglect, abusing a child

Knowingly, intentionally or negligently causing or permitting a child to be endangered, cruelly punished, or deprived of necessary care.

Class and maximums for Child abuse
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenNegligent, without serious bodily injury or death
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenKnowing and intentional, without serious bodily injury or death

Read the section →

Failing to report child abuse

CLASS III MISD · up to 3 months

Also searched as mandatory reporter, not reporting abuse

Willfully failing to make a report required of any person with reasonable cause to believe a child was abused or neglected.

Class and maximums for Failing to report child abuse
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenAny violation

Read the section →

Abuse of a vulnerable or senior adult

CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as elder abuse, financial exploitation, nursing home abuse

Through a knowing and intentional act, causing or permitting a vulnerable or senior adult to be injured, confined, exploited, neglected or abused.

Class and maximums for Abuse of a vulnerable or senior adult
Class	Up to	When
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenAny violation

Read the section →

Motor vehicle homicide

CLASS I MISD to CLASS II FELONY · up to 1 to 50 years

Also searched as vehicular homicide, vehicular manslaughter, DUI death

Unintentionally causing another's death while operating a motor vehicle in violation of state law or a city ordinance.

Class and maximums for Motor vehicle homicide
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenAnother traffic violation caused the death
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenReckless or willful reckless driving caused it
CLASS IIA FELONYClass IIA felony	Up to 20 yearsNone set by the class fine	WhenDriving under the influence caused it
CLASS II FELONYClass II felony	1 to 50 yearsNone set by the class fine	WhenUnder the influence, with a prior DUI conviction

Read the section →

Unauthorized use of a propelled vehicle

CLASS III MISD to CLASS IV FELONY · up to 2 years, and 12 months of post-release supervision

Also searched as joyriding, taking a car without permission

Intentionally operating another's car, boat, plane or other motor-propelled vehicle without the owner's consent.

Class and maximums for Unauthorized use of a propelled vehicle
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA first offense
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenA second offense
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenA third or later offense

Read the section →

Cruelty to animals

CLASS I MISD to CLASS IIIA FELONY · up to 3 years, and 18 months of post-release supervision

Also searched as animal abuse, animal neglect, abandoning a pet

Abandoning, cruelly neglecting, or cruelly mistreating an animal, intentionally, knowingly or recklessly.

Class and maximums for Cruelty to animals
Class	Up to	When
CLASS I MISDClass I misdemeanor	Up to 1 yearUp to $1,000 fine	WhenAbandonment or cruel neglect, or a first cruel mistreatment
CLASS IV FELONYClass IV felony	Up to 2 years, and 12 months of post-release supervisionUp to $10,000 fine	WhenAbandonment or neglect causing serious injury, illness or death
CLASS IIIA FELONYClass IIIA felony	Up to 3 years, and 18 months of post-release supervisionUp to $10,000 fine	WhenTorture, repeated beating or mutilation, or a later mistreatment

Read the section →

Littering

CLASS III MISD to CLASS II MISD · up to 6 months

Also searched as dumping, throwing trash, illegal dumping

Depositing, throwing or discarding litter on public or private property or into any waters, outside a receptacle or lawful place.

Class and maximums for Littering
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenA first conviction
CLASS II MISDClass II misdemeanor	Up to 6 monthsUp to $1,000 fine	WhenA second conviction

Read the section →

Failing to send a child to school

CLASS III MISD · up to 3 months

Also searched as truancy, compulsory attendance, excessive absences

A person in charge of a child of mandatory attendance age failing to cause the child to enroll and attend regularly.

Class and maximums for Failing to send a child to school
Class	Up to	When
CLASS III MISDClass III misdemeanor	Up to 3 monthsUp to $500 fine	WhenAny violation

Read the section →

Penalizing an employee for jury duty

CLASS IV MISD · no imprisonment

Also searched as fired for jury duty, docked pay for jury duty

An employer discharging an employee, or taking pay, sick leave or vacation, because of absence for jury duty.

Class and maximums for Penalizing an employee for jury duty
Class	Up to	When
CLASS IV MISDClass IV misdemeanor	No imprisonmentUp to $500 fine	WhenAny violation

Read the section →

Every class on this page, for reference

The terms and fines come from the two class sections, 28-105 for felonies and 28-106 for misdemeanors. Infractions carry a fine and no jail, so they are not on the ladder.

CLASS V MISDClass V misdemeanorNo imprisonmentUp to $100
CLASS IV MISDClass IV misdemeanorNo imprisonmentUp to $500
CLASS IIIA MISDClass IIIA misdemeanorUp to 7 daysUp to $500
CLASS III MISDClass III misdemeanorUp to 3 monthsUp to $500
CLASS II MISDClass II misdemeanorUp to 6 monthsUp to $1,000
CLASS I MISDClass I misdemeanorUp to 1 yearUp to $1,000
CLASS W MISDClass W misdemeanor7 to 60 days on a first conviction$500
CLASS IV FELONYClass IV felonyUp to 2 years, and 12 months of post-release supervisionUp to $10,000
CLASS IIIA FELONYClass IIIA felonyUp to 3 years, and 18 months of post-release supervisionUp to $10,000
CLASS III FELONYClass III felonyUp to 4 years, and 2 years of post-release supervisionUp to $25,000
CLASS IIA FELONYClass IIA felonyUp to 20 years
CLASS II FELONYClass II felony1 to 50 years

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

20 words

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Nebraska attorney can tell you what yours is. Current as of October 2026.