Trespass
Neb. Rev. Stat. § 28-520 and Neb. Rev. Stat. § 28-521 — a building without license, or posted or fenced land after notice
First degree: a building. Entering or secretly remaining in a building or occupied structure, knowing one is not licensed or privileged to, is first degree criminal trespass, a Class I misdemeanor.
- Notice told directly to the person.
- Posting in a manner prescribed by law or reasonably likely to come to intruders' attention.
- Fencing or another enclosure plainly meant to keep intruders out.
Entering or remaining in a place after one of those notices, knowing one is not licensed or privileged to, is second degree criminal trespass, a Class III misdemeanor. So is flying a drone over another's property to watch someone in a place of seclusion.
It is a defense that the premises were open to the public and the person followed every lawful condition on being there, or reasonably believed the owner would have let them in.
A Class I misdemeanor carries up to one year, and a Class III misdemeanor up to three months. A particular case is a question for a licensed Nebraska attorney.
Sources for this section (4)
- Neb. Rev. Stat. § 28-520 — Criminal trespass, first degree; penalty
- Neb. Rev. Stat. § 28-521 — Criminal trespass, second degree; penalty
- Neb. Rev. Stat. § 28-522 — Criminal trespass; affirmative defenses
- Neb. Rev. Stat. § 28-106 — Misdemeanors; classification of penalties; sentences; where served
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.