Nebraska Statewide Rule
Nebraska Animal Cruelty and Neglect Statute Statewide
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
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;
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?
Can a city impose lighter penalties than the state?
Sources
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