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The State Laws of Nebraska

The State Laws of Nebraska


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Nebraska Abortion Laws

Within the state of Nebraska, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Nebraska state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

•    Individuals pregnant as a result of rape, abuse, or incest will require the expressed permission from a licensed, accredited medical professional with regards to an abortion

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Nebraska, unauthorized individuals conducting abortions may be charged with Class 3 Misdemeanor charges

Nebraska Marijuana Laws

Within the state of Nebraska, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Nebraska State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Nebraska:

Possession/Under the Influence of Marijuana

1.    Amount: 1 ounce or less (first offense)

•    Penalty: none

•    Fines: $300

•    Classification: receipt of civil citation

2.    Amount: 1 ounce or less (second offense)

•    Penalty: 5 days’ incarceration

•    Fines: $400

•    Classification: misdemeanor

3.    Amount: 1 ounce or less (subsequent offense)

•    Penalty: 7 days’ incarceration

•    Fines: $500

•    Classification: misdemeanor

4.    Amount: 1 ounce to 1 pound

•    Penalty: 7 days’ incarceration

•    Fines: $500

•    Classification: misdemeanor

5.    Amount: More than 1 pound

•    Penalty: 5 years’ incarceration

•    Fines: $10,000

•    Classification: felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

6.    Amount: Any

•    Penalty: 1 – 20 years’ incarceration; minimum sentence of 1 year

•    Fines: $25,000

•    Classification: felony

7.    Amount: Any (sale to a minor)

•    Penalty: 3 – 20 years’ incarceration; minimum sentence of 3 year

•    Fines: $50,000

•    Classification: felony

8.    Amount: Any (within the vicinity of a school zone)

•    Penalty: 3 – 50 years’ incarceration; minimum sentence of 3 year

•    Fines: $50,000

•    Classification: felony

Medical Marijuana

Within the state of Nebraska, Medical Marijuana is considered to be illegal both for patient use and cultivation

Nebraska DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Nebraska:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Nebraska, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Nebraska, supplementary penalties may be incurred due to BAC levels exceeding .15%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Nebraska, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year – this is in addition to the installation of an ignition interlock device

Nebraska Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Nebraska, gun laws are as follows:

•    Within the state of Nebraska, minors under the age(s) of 18 are not permitted to own or purchase pistols, revolvers, or firearms fashioned with a short-barrel without supervision; convicted felons or fugitives are not permitted to own or purchase firearms with barrels exceeding 18 inches in length

•    A waiting period for the purchase of a firearm does not currently exist in the state of Nebraska

•    Current listing or report of forearms considered to be illegal in the state of Nebraska: altered firearms, sawed-off riles or shotguns, stolen firearms, and machine guns

Nebraska Adoption Laws

In the state of Nebraska, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Nebraska, and individual must maintain residence for a period of no less than 6 months, unless the individual for adoption is legally-classified as an adult

•    Within the state of Nebraska, the Department of Social Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 2 years’ time subsequent to the adoption

Nebraska Employment and Labor Laws

•    Within the state of Nebraska, the minimum wage is $6.55 – $7.25awarded per hour of labor

•    Within the state of Nebraska, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Nebraska Divorce Laws

Within the state of Nebraska, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed by an individual resident of Nebraska; one member of the couple in question must be a resident of the state of Nebraska

•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown

•    Divorces may only be filed no less than 60 days subsequent to the marriage ceremony

Nebraska Death Penalty Laws

Within the state of Nebraska, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability or pregnancy, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 18 years of age

•    Within the state of Nebraska, homicide is considered to be the only crimes punishable by death

•    The accepted means of capital punishment is the administration of electrocution

Nebraska Gambling Laws

Within the state of Nebraska, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Licensed Horse racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of Nebraska

Nebraska Child Laws

Within the state of Nebraska, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision