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Nebraska Statewide Rule

Nebraska Animal Cruelty and Neglect Statute Statewide

Heavy RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Primary statute
Neb. Rev. Stat. 28-1009
Base offense
Class I misdemeanor
Aggravated offense
Class IV or IIIA felony
Possession ban
5 to 15 years
Jurisdiction
Applies statewide
Last verified: August 20, 2026Source: Nebraska Legislature

Summary

Nebraska's animal cruelty law applies uniformly across all cities and counties. Hoarding cases are prosecuted under the cruel neglect provisions of section 28-1009, which carries misdemeanor or felony penalties depending on harm.

Abandonment; cruel neglect; harassment of a police animal; penalty. (1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the animal, in which case it is a Class IV felony. (2)(a) Except as provided in subdivision (b) of this subsection, a person who cruelly mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IIIA felony for any subsequent offense. (b) A person who cruelly mistreats an animal is guilty of a Class IIIA felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal. (3) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties. Harassment of a police animal is a Class IV misdemeanor unless the harassment is the proximate cause of the death of the police animal, in which case it is a Class IIIA felony. (4) A person convicted of a Class I misdemeanor under this section may also be subject to section 28-1019 . A person convicted of a felony under this section shall also be subject to section 28-1019 . Source Laws 1990, LB 50, § 2; Laws 1995, LB 283, § 3; Laws 2002, LB 82, § 6;

Source: Nebraska LegislatureView official code

Full Breakdown

Under Neb. Rev. Stat. section 28-1009, intentionally, knowingly, or recklessly abandoning or cruelly neglecting an animal is a Class I misdemeanor. If neglect causes serious injury, illness, or death, it becomes a Class IV felony. Cruel mistreatment is a Class I misdemeanor for a first offense and a Class IIIA felony for any subsequent offense or for torture, repeated beating, or mutilation. Felony convictions trigger a court-ordered prohibition on owning, possessing, or residing with animals for five to fifteen years. The statute applies statewide and supplements any local cruelty ordinance.

Violations & Penalties

Class I misdemeanor up to one year jail and $1,000 fine; Class IV or IIIA felony for serious harm with five to fifteen year possession ban.

Frequently Asked Questions

Is hoarding charged separately from cruelty in Nebraska?
No. Nebraska does not have a standalone hoarding statute. Cases are prosecuted as cruel neglect or cruel mistreatment under section 28-1009 statewide.
Can a city impose lighter penalties than the state?
Cities may have parallel ordinances, but state cruelty charges under 28-1009 remain available to county prosecutors regardless of municipal rules.

Sources

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