Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1009 (2026)

Abandonment; cruel neglect; harassment of a police animal; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2005–2026 · leading case: State v. Ziemann, 705 N.W.2d 59 (Neb. Ct. App. 2005).
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State v. Ziemann, 705 N.W.2d 59 (Neb. Ct. App. 2005). · cites it 4× “2004), which deals with violations of Neb. Rev. Stat. § 28-1009 (Cum. Supp. 2004), animal cruelty and neglect — the statute under which Cheryl was convicted.”
State v. Dale, 31 N.W.3d 127 (Neb. 2026). · cites it 5× “Rejai, ante p. 599, 29 N.W.3d 225 (2026). 5 Id. - 866 - Nebraska Supreme Court Advance Sheets 320 Nebraska Reports STATE V.”
State v. Arthur, No. A-14-910 (Neb. Ct. App. Apr. 21, 2015). · cites it 4× “INTRODUCTION Rose Marie Arthur pled no contest to two counts of abandonment or cruel neglect of an animal pursuant to Neb. Rev. Stat. § 28-1009 (Reissue 2008), both Class I misdemeanors.”
Saustegui Vega v. McAleenan, No. 8:19-cv-00189 (D. Neb. July 17, 2019). “§ 28-1009 . Filing 17 at 52. He was fined $500 and sentenced to 5 days' time served.”
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