2009 Nebraska Code
Chapter 53 LIQUORS
53-180.05 Minors and incompetents; violations; penalties; false identification; penalty; law enforcement agency; duties.

53-180.05. Minors and incompetents; violations; penalties; false identification; penalty; law enforcement agency; duties.

(1) Any person violating section 53-180 shall be guilty of a Class I misdemeanor. Any person violating any of the provisions of section 53-180.01 or 53-180.03 shall be guilty of a Class III misdemeanor. Any person older than eighteen years of age and under the age of twenty-one years violating section 53-180.02 is guilty of a Class III misdemeanor. Any person eighteen years of age or younger violating section 53-180.02 is guilty of a misdemeanor as provided in section 53-181 and shall be punished as provided in such section.

(2) Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.

(3) When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (2) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor's parent or guardian of the arrest.

Source
    Laws 1935, c. 116, § 38, p. 400;
    Laws 1937, c. 125, § 1, p. 437;
    C.S.Supp.,1941, § 53-338;
    Laws 1943, c. 121, § 1, p. 419;
    R.S.1943, § 53-180;
    Laws 1951, c. 174, § 1(6), p. 664;
    Laws 1963, c. 313, § 2, p. 943;
    Laws 1969, c. 444, § 1, p. 1482;
    Laws 1973, LB 25, § 3;
    Laws 1977, LB 40, § 315;
    Laws 1982, LB 869, § 1;
    Laws 1984, LB 56, § 4;
    Laws 1985, LB 493, § 2;
    Laws 1989, LB 440, § 1;
    Laws 1991, LB 454, § 1;
    Laws 2001, LB 114, § 6;
    Laws 2010, LB258, § 2.

Annotations This section provides the only penalty for violation of section 53-180. Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976).


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