Nebraska Statutes

§ 28-316 — Violation of custody; penalty

Nebraska § 28-316
JurisdictionNebraska
Ch. 28Crimes and Punishments

This text of Nebraska § 28-316 (Violation of custody; 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. § 28-316 (2026).

Text

(1)Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other lawful custodian commits the offense of violation of custody.
(2)Except as provided in subsection (3) of this section, violation of custody is a Class II misdemeanor.
(3)Violation of custody in contravention of an order of any district or juvenile court of this state granting the custody of a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian of the custody of such child, is a Class IV felony.

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Related

Ashby v. State
779 N.W.2d 343 (Nebraska Supreme Court, 2010)
96 case citations
State v. Hird
476 N.W.2d 229 (Nebraska Supreme Court, 1991)
2 case citations
Opinion No. (2004)
(Nebraska Attorney General Reports, 2004)
State v. Red Feather
(Nebraska Court of Appeals, 2019)

Legislative History

Source: Laws 1977, LB 38, § 31.

Nearby Sections

15
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Bluebook (online)
Nebraska § 28-316, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/28-316.