Nebraska § 28-111 Enhanced penalty;
enumerated offenses

Nebraska Statutes

§ 28-111 — Enhanced penalty; enumerated offenses

Nebraska § 28-111

Ch. 28Crimes and Punishments

This text of Nebraska § 28-111 (Enhanced penalty; enumerated offenses) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-111 (2026).

Text

Any person who commits one
or more of the following criminal offenses against a person or a person's
property because of the person's race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability or because of the person's
association with a person of a certain race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability shall be punished by
the imposition of the next higher penalty classification than the penalty
classification prescribed for the criminal offense, unless such criminal offense
is already punishable as a Class IB felony or higher classification: Manslaughter,
section  28-305 ; assault in the first degree, section  28-308 ; assault in the
second degree, section  28-309 ; assault in the third degree, secti

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Any person who commits one
or more of the following criminal offenses against a person or a person's
property because of the person's race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability or because of the person's
association with a person of a certain race, color, religion, ancestry, national
origin, gender, sexual orientation, age, or disability shall be punished by
the imposition of the next higher penalty classification than the penalty
classification prescribed for the criminal offense, unless such criminal offense
is already punishable as a Class IB felony or higher classification: Manslaughter,
section 28-305 ; assault in the first degree, section 28-308 ; assault in the
second degree, section 28-309 ; assault in the third degree, section 28-310 ;
terroristic threats, section 28-311.01 ; stalking, section 28-311.03 ; kidnapping,
section 28-313 ; false imprisonment in the first degree, section 28-314 ; false
imprisonment in the second degree, section 28-315 ; sexual assault in the first
degree, section 28-319 ; sexual assault in the second or third degree, section 28-320 ; sexual assault of a child, sections 28-319.01 and 28-320.01 ; arson
in the first degree, section 28-502 ; arson in the second degree, section 28-503 ;
arson in the third degree, section 28-504 ; criminal mischief, section 28-519 ; unauthorized application of graffiti,
section 28-524 ; criminal trespass in the first degree, section 28-520 ; or criminal trespass in the second degree, section 28-521 .

Legislative History

Source: Laws 1997, LB 90, § 3; Laws 2006, LB 1199, § 2; Laws 2009, LB63, § 3. Annotations: The phrase "because of" requires the State to prove some causal connection between the victim's association with a person of a certain sexual orientation and the criminal act. State v. Duncan, 293 Neb. 359, 878 N.W.2d 363 (2016).