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.
