Criminal penalties in Nebraska
Checked in October 2026 against the Revised Statutes of Nebraska, Chapters 28 and 60.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Nebraska sets penalties
- Nebraska sorts felonies into classes: IA, IB, IC, ID, II, IIA, III, IIIA and IV (Neb. Rev. Stat. § 28-105). Class IA is life imprisonment. IB is 20 years to life. IC is a mandatory minimum of 5 and a maximum of 50 years. ID is a mandatory minimum of 3 and a maximum of 50. II is 1 to 50 years. IIA is up to 20 years with no minimum. III is up to 4 years (and 2 years of post-release supervision) or a $25,000 fine, or both. IIIA is up to 3 years or a $10,000 fine, or both. IV is up to 2 years or a $10,000 fine, or both.
- Misdemeanors are Class I (up to 1 year or a $1,000 fine, or both), Class II (up to 6 months or $1,000), Class III, IIIA and IV (lower), and Class W for driving under the influence (§ 28-106).
- Nebraska grades theft by value: a Class II misdemeanor for $500 or less, a Class I misdemeanor for more than $500 and less than $1,500, a Class IV felony for $1,500 to less than $5,000, and a Class IIA felony for $5,000 or more (§ 28-518).
- Nebraska keeps a separate offence of embezzlement, which was not read. This table maps the nearest offence, theft, for property taken by someone entrusted with it.
- This table shows first-offence ranges.
Death penalty: Yes. Murder in the first degree is punished as a Class I or Class IA felony, and whether it is a Class I felony (which can carry death) is decided under Neb. Rev. Stat. §§ 29-2519 to 29-2524 (§ 28-303). The Class IA penalty is life imprisonment.
First-degree murder
Life imprisonment (Class IA), or death for the most serious cases (Class I)
Murder in the first degree: killing purposely and with deliberate and premeditated malice, or in the perpetration of listed felonies (Class IA felony)
- Least
- Life imprisonment
- Most
- Life imprisonment
Whether the offence is punished as a Class I felony (which can carry death) is decided by a separate sentencing proceeding under §§ 29-2519 to 29-2524.
Second-degree murder
A Class IB felony: 20 years to life
Murder in the second degree: intentionally killing, but without premeditation (Class IB felony)
- Least
- 20 years
- Most
- Life imprisonment
Voluntary manslaughter
A Class IIA felony: up to 20 years
Manslaughter (including causing the death of another unintentionally while in the commission of an unlawful act) (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Robbery
A Class II felony: 1 to 50 years
Robbery (Class II felony)
- Least
- 1 year
- Most
- 50 years
Burglary
A Class IIA felony: up to 20 years
Burglary: entering a building with intent to steal property of any value, or to commit a felony (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Arson
A Class II felony (first degree): 1 to 50 years
Arson in the first degree: damaging a building by fire or explosion in listed dangerous circumstances (Class II felony)
- Least
- 1 year
- Most
- 50 years
Aggravated assault
A Class IIA felony (second degree) up to a Class II felony (first degree)
Assault in the second degree (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Assault in the first degree (Class II felony)
- Least
- 1 year
- Most
- 50 years
Rape and sexual assault
A Class II felony: 1 to 50 years (first degree); a Class IB felony with a 15 year minimum (a child, first degree)
Sexual assault in the first degree (Class II felony)
- Least
- 1 year
- Most
- 50 years
Sexual assault of a child in the first degree (Class IB felony)
- Least
- 15 years (mandatory minimum)
- Most
- Life imprisonment
The first offence carries a mandatory minimum of 15 years in prison, and a later offence carries a mandatory minimum of 25 years.
Kidnapping
A Class II felony (if the victim is released safely) up to a Class IA felony
Kidnapping where the person kidnapped was voluntarily released or liberated alive, in a safe place, without having suffered serious bodily injury, before trial (Class II felony)
- Least
- 1 year
- Most
- 50 years
Kidnapping (Class IA felony)
- Least
- Life imprisonment
- Most
- Life imprisonment
Embezzlement
A Class II misdemeanor ($500 or less) up to a Class IIA felony ($5,000 or more)
Theft of $500 or less (Class II misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Up to $1,000, or both
Theft of more than $500 but less than $1,500 (Class I misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Up to $1,000, or both
Theft of $1,500 to less than $5,000 (Class IV felony)
- Least
- No minimum term set by the statute
- Most
- 2 years (and 12 months post-release supervision)
- Fine
- Up to $10,000, or both
Theft of $5,000 or more (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Forgery
A Class I misdemeanor up to a Class IIA felony (forgery in the second degree), by the face value
Forgery in the second degree, face value of $500 to less than $1,500 (Class I misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Up to $1,000, or both
Forgery in the second degree, face value of $1,500 to less than $5,000 (Class IV felony)
- Least
- No minimum term set by the statute
- Most
- 2 years (and 12 months post-release supervision)
- Fine
- Up to $10,000, or both
Forgery in the second degree, face value of $5,000 or more (Class IIA felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
Drunk driving, first offence
A Class W misdemeanor: up to 60 days and a $500 fine, with a 7 day minimum
Driving under the influence, first conviction (Class W misdemeanor) (Class W misdemeanor)
- Least
- 7 days (mandatory minimum)
- Most
- 60 days
- Fine
- $500
A first conviction carries a maximum of 60 days' imprisonment and a $500 fine, and a mandatory minimum of 7 days' imprisonment and a $500 fine. The court must also revoke the operator's licence for six months, with an ignition interlock permit required during the revocation.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
