Nebraska Statutes
§ 28-1322 — Disturbing the peace; penalty
Nebraska § 28-1322
JurisdictionNebraska
Ch. 28Crimes and Punishments
This text of Nebraska § 28-1322 (Disturbing the peace; penalty) 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. § 28-1322 (2026).
Text
(1)Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.
(2)Disturbing the peace is a Class III misdemeanor.
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Related
In Re Interest of Tyler F.
755 N.W.2d 360 (Nebraska Supreme Court, 2008)
State v. Broadstone
447 N.W.2d 30 (Nebraska Supreme Court, 1989)
State v. Hays
570 N.W.2d 823 (Nebraska Supreme Court, 1997)
State v. George
424 N.W.2d 350 (Nebraska Supreme Court, 1988)
State v. Lingle
308 N.W.2d 531 (Nebraska Supreme Court, 1981)
State v. Kennedy
396 N.W.2d 722 (Nebraska Supreme Court, 1986)
State v. Goodpasture
338 N.W.2d 446 (Nebraska Supreme Court, 1983)
United Food & Commercial Workers International Union v. IBP, Inc.
857 F.2d 422 (Eighth Circuit, 1988)
In Re Interest of Antonio O.
784 N.W.2d 457 (Nebraska Court of Appeals, 2010)
In re Interest of Elainna R.
298 Neb. 436 (Nebraska Supreme Court, 2017)
State v. Anthony P.
698 N.W.2d 457 (Nebraska Court of Appeals, 2005)
State v. Hai Dang
368 N.W.2d 486 (Nebraska Supreme Court, 1985)
State v. Miller
404 N.W.2d 45 (Nebraska Supreme Court, 1987)
State v. Frear
561 N.W.2d 591 (Nebraska Court of Appeals, 1997)
In re Interest of Colton S.
(Nebraska Court of Appeals, 2024)
In re Interest of Maximus B.
302 Neb. 365 (Nebraska Supreme Court, 2019)
State v. Caldwell
(Nebraska Court of Appeals, 2018)
State v. Drahota
772 N.W.2d 96 (Nebraska Court of Appeals, 2009)
State v. Farr
493 N.W.2d 638 (Nebraska Court of Appeals, 1992)
State v. Higgins
(Nebraska Court of Appeals, 2013)
Legislative History
Source: Laws 1977, LB 38, § 306.
Annotations: A school security officer or campus supervisor may be a victim of disturbing the peace. In re Interest of Elainna R., 298 Neb. 436, 904 N.W.2d 689 (2017). The State cannot constitutionally criminalize speech under this section solely because it inflicts emotional injury, annoys, offends, or angers another person. But speech can be criminalized under this section if it tends to or is likely to provoke violent reaction. State v. Drahota, 280 Neb. 627, 788 N.W.2d 796 (2010). Under subsection (1) of this section, the definition of breach of the peace is broad enough to include the offense of disturbing the peace; it signifies the offense of disturbing the public peace or tranquility enjoyed by citizens of a community. The term "breach of the peace" is generic and includes all violations of public peace, order, or decorum, or acts tending to the disturbance thereof. Provocative language consisting of profane, indecent, or abusive remarks directed to the person of the hearer may amount to a breach of the peace, and such language constitutes "fighting" words, which are not constitutionally protected forms of speech. State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989).
Nearby Sections
15
§ 28-1001
Repealed. Laws 1990, LB 50, § 13§ 28-1002
Repealed. Laws 1990, LB 50, § 13§ 28-1003
Transferred to section28-1010§ 28-1004
Terms, defined§ 28-1007
Sections, how
construed§ 28-1008
Terms, defined§ 28-1009.02
Repealed. Laws 2010, LB 865, § 17§ 28-1009.03
Repealed. Laws 2010, LB 865, § 17§ 28-101
Code, how cited§ 28-1010
Indecency with
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Bluebook (online)
Nebraska § 28-1322, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/28-1322.