2012 Nebraska Revised Statutes
Chapter 28 - CRIMES AND PUNISHMENTS
28-105 - Felonies; classification of penalties; sentences; where served; eligibility for probation.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into nine classes which are distinguished from one another by the following penalties which are authorized upon conviction:
Class I felony | Death |
Class IA felony | Life imprisonment |
Class IB felony | Maximum — life imprisonment |
Minimum — twenty years imprisonment | |
Class IC felony | Maximum — fifty years imprisonment |
Mandatory minimum — five years imprisonment | |
Class ID felony | Maximum — fifty years imprisonment |
Mandatory minimum — three years imprisonment | |
Class II felony | Maximum — fifty years imprisonment |
Minimum — one year imprisonment | |
Class III felony | Maximum — twenty years imprisonment, or |
twenty-five thousand dollars fine, or both | |
Minimum — one year imprisonment | |
Class IIIA felony | Maximum — five years imprisonment, or |
ten thousand dollars fine, or both | |
Minimum — none | |
Class IV felony | Maximum — five years imprisonment, or |
ten thousand dollars fine, or both | |
Minimum — none |
(2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of one year or more for Class IIIA and IV felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. Sentences of less than one year shall be served in the county jail except as provided in this subsection. If the department certifies that it has programs and facilities available for persons sentenced to terms of less than one year, the court may order that any sentence of six months or more be served in any institution under the jurisdiction of the department. Any such certification shall be given by the department to the State Court Administrator, who shall forward copies thereof to each judge having jurisdiction to sentence in felony cases.
(3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals.
(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation.
- Laws 1977, LB 38, § 5;
Laws 1989, LB 592, § 1;
Laws 1995, LB 371, § 2;
Laws 1997, LB 364, § 1;
Laws 1998, LB 900, § 1;
Laws 1998, LB 1266, § 1;
Laws 2002, Third Spec. Sess., LB 1, § 1;
Laws 2011, LB12, § 1.
2. Miscellaneous
1. Sentencing
2. Miscellaneous
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