Neb. Rev. Stat. § 28-106 : CRIMES AND PUNISHMENTS — PROVISIONS TO OFFENSES GENERALLY —GENERAL PROVISIONS —106 - Misdemeanors; classification of penalties; sentences; where served

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:

Class I misdemeanor........

Maximum - not more than one year

imprisonment, or one thousand dollars

fine, or both

Minimum - none

Class II misdemeanor.......

Maximum - six months imprisonment, or

one thousand dollars fine, or both

Minimum - none

Class III misdemeanor......

Maximum - three months imprisonment,

or five hundred dollars fine, or both

Minimum - none

Class IIIA misdemeanor.....

Maximum - seven days imprisonment, five

hundred dollars fine, or both

Minimum - none

Class IV misdemeanor.......

Maximum - no imprisonment, five

hundred dollars fine

Minimum - none

Class V misdemeanor........

Maximum - no imprisonment, one

hundred dollars fine

Minimum - none

Class W misdemeanor.......

Driving under the influence or implied

consent

First conviction

Maximum - sixty days imprisonment and

five hundred dollars fine

Mandatory minimum - seven days

imprisonment and five hundred dollars

fine

Second conviction

Maximum - six months imprisonment and

five hundred dollars fine

Mandatory minimum - thirty days

imprisonment and five hundred dollars

fine

Third conviction

Maximum - one year imprisonment and

one thousand dollars fine

Mandatory minimum - ninety days

imprisonment

and one thousand dollars fine

(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that such sentences may be served in institutions under the jurisdiction of the Department of Correctional Services if the sentence is to be served concurrently or consecutively with a term for conviction of a felony and the combined sentences total a term of one year or more. A determinate sentence shall be imposed for a misdemeanor if the sentence is to be served concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony.

Neb. Rev. Stat. § 28-106

Laws 1977, LB 38, § 6; Laws 1982, LB 568, § 1; Laws 1986, LB 153, § 1; Laws 1992, LB 291, § 1; Laws 1998, LB 309, § 1; Laws 2002, LB 82, § 3; Laws 2005, LB 594, § 1; Laws 2011, LB 675,§ 1; Laws 2015, LB 605,§ 7; Laws 2016, LB 1094,§ 3.
Amended by Laws 2016, LB 1094,§ 3, eff. 4/20/2016.
Amended by Laws 2015, LB 605,§ 7, eff. 8/30/2015.
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