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Neb. Rev. Stat. § 28-111

Enhanced penalty; enumerated offenses

Applied in 3 court decisions — leading case State v. Henderson (2009)

Most recently applied in City of Omaha v. Professional Firefighters Assn. (August 2021)

Laws 1997, LB 90, § 3; Laws 2006, LB 1199, § 2; Laws 2009, LB63, § 3.

How often courts cite this section

200920102020202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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">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 .

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.