2015 Nebraska Revised Statutes
Chapter 28 - CRIMES AND PUNISHMENTS
28-1356 See note regarding referendum petition following the source at the end of the section. Violation; penalty.

28-1356. See note regarding referendum petition following the source at the end of the section. Violation; penalty.

(1) A person who violates section 28-1355 shall be guilty of a Class III felony; however, such person shall be guilty of a Class IB felony if the violation is based upon racketeering activity which is punishable as a Class IA or IB felony.

(2) In lieu of the fine authorized by section 28-105, any person convicted of engaging in conduct in violation of section 28-1355, through which pecuniary value was derived, or by which personal injury or property damage or other loss was caused, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred. Any fine collected under this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Source

• Laws 2009, LB155, § 6;
• Laws 2015, LB268, § 10.
• Effective Date: August 30, 2015
• Note: Section 28-1356 was amended by Laws 2015, LB 268, section 10. According to Article III, section 3, of the Constitution of Nebraska, the provisions of LB 268 have been suspended due to the certification by the Secretary of State of sufficient signatures on referendum petitions to suspend the taking effect of such act until the same has been approved by the electors of the state. The question will be submitted to the voters at the November 2016 general election. The prior version of section 28-1356 is found in Volume 1 of the 2014 Cumulative Supplement of the Revised Statutes of Nebraska.