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

Neb. Rev. Stat. § 28-105.02 (2026)

Class IA felony; person under eighteen years; maximum sentence; court consider mitigating factors

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) Notwithstanding any other provision of law, the penalty for any person convicted of a Class IA felony for an offense committed when such person was under the age of eighteen years shall be a maximum sentence of not greater than life imprisonment and a minimum sentence of not less than forty years' imprisonment.

(2) In determining the sentence of a convicted person under subsection (1) of this section, the court shall consider mitigating factors which led to the commission of the offense. The convicted person may submit mitigating factors to the court, including, but not limited to:

(a) The convicted person's age at the time of the offense;

(b) The impetuosity of the convicted person;

(c) The convicted person's family and community environment;

(d) The convicted person's ability to appreciate the risks and consequences of the conduct;

(e) The convicted person's intellectual capacity; and

(f) The outcome of a comprehensive mental health evaluation of the convicted person conducted by an adolescent mental health professional licensed in this state. The evaluation shall include, but not be limited to, interviews with the convicted person's family in order to learn about the convicted person's prenatal history, developmental history, medical history, substance abuse treatment history, if any, social history, and psychological history.

Notes of Decisions
Cited in 35 cases (6 in the last 5 years), 2014–2026 · leading case: State v. Cardeilhac, 876 N.W.2d 876 (Neb. 2016).
Sort: Relevance Newest Treatment
State v. Cardeilhac, 876 N.W.2d 876 (Neb. 2016). · cites it 14× “2d 694 (2014), in response to Miller, the Nebraska Legislature enacted Neb. Rev. Stat. § 28-105.02 (Cum. Supp. 2014), regarding sentencing for certain murderers convicted of crimes classified as Class IA felonies.”
State v. Garza, 888 N.W.2d 526 (Neb. 2016). · cites it 11× “Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016) contains a nonexhaustive list of mitigating factors a sentencing court must con- sider when imposing a sentence for first degree murder on one who was under the age of 18 when he or she committed the crime.”
State v. Thieszen, 300 Neb. 112 (Neb. 2018). · cites it 5× “Before imposing a sentence, the court addressed the factors set forth in Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016).”
State v. Steele, 300 Neb. 617 (Neb. 2018). · cites it 4× “And although not required to do so, I have also considered the mitigating factors which led to the commission of this offense as set forth in Nebraska Revised Statute Section 28-105.02. I have considered the age of the defendant; the impetuosity of the defendant; his family and…”
State v. Vazquez, 319 Neb. 192 (Neb. 2025). · cites it 13× “He points to the fact that he “received an aggregate sentence of 129 years to life imprisonment” 149 for the seven convictions in this case, and he argues that “trial counsel performed deficiently by not pro- viding the court .”
State v. Mantich, 888 N.W.2d 376 (Neb. 2016). · cites it 5× “18 Neb. Rev. Stat. § 28-105.02 (Reissue 2016).”
State v. Russell, 299 Neb. 483 (Neb. 2018). · cites it 3× “In addition, the court weighed mitigating factors under Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016).”
State v. Nollen, 296 Neb. 94 (Neb. 2017). · cites it 10× “The district court vacated Nollen’s sen- tence and ordered a presentence report and comprehen- sive mental health examination pursuant to Neb. Rev. Stat. § 28-105.02 (Reissue 2016).”
State v. Jones, 297 Neb. 557 (Neb. 2017). · cites it 6× “In response to Miller, the Nebraska Legislature enacted Neb. Rev. Stat. § 28-105.02 (Reissue 2016), which, inter alia, sets forth mitigating factors that a court must con- sider when sentencing a juvenile convicted of a Class IA felony.”
State v. Jackson, 297 Neb. 22 (Neb. 2017). · cites it 10× “In conducting Jackson’s examination, Newring attempted to address the following mitigating factors, which are set forth in Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016): (a) The convicted person’s age at the time of the offense; (b) The impetuosity of the convicted person; (c)…”
State v. Castaneda, 889 N.W.2d 87 (Neb. 2017). · cites it 7× “Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016) includes a nonexhaustive list of mitigating factors that a sentencing court must take into consideration when sentencing a juvenile for a Class IA felony.”
State of Iowa v. Damion John Seats, 865 N.W.2d 545 (Iowa 2015). · cites it 2× “) (permitting the prosecuting attorney to seek a sentence of imprisonment for life without the possibility of parole and imposing a twenty-five year minimum term for juveniles not sentenced to life); Neb. Rev. Stat. Ann. § 28-105.02 (West, Westlaw through end of 2014 Reg.”
Show all 35 citing cases →
— Neb. Rev. Stat. § 28-105.02(1) — 10 cases
State v. Garza, 888 N.W.2d 526 (Neb. 2016). “Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016) contains a nonexhaustive list of mitigating factors a sentencing court must con- sider when imposing a sentence for first degree murder on one who was under the age of 18 when he or she committed the crime.”
State v. Thieszen, 300 Neb. 112 (Neb. 2018). “Before imposing a sentence, the court addressed the factors set forth in Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016).”
State v. Nollen, 296 Neb. 94 (Neb. 2017). “The district court vacated Nollen’s sen- tence and ordered a presentence report and comprehen- sive mental health examination pursuant to Neb. Rev. Stat. § 28-105.02 (Reissue 2016).”
State v. Castaneda, 287 Neb. 289 (Neb. 2014).
State v. Castaneda, 889 N.W.2d 87 (Neb. 2017). “Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016) includes a nonexhaustive list of mitigating factors that a sentencing court must take into consideration when sentencing a juvenile for a Class IA felony.”
— Neb. Rev. Stat. § 28-105.02(2) — 9 cases
State v. Cardeilhac, 876 N.W.2d 876 (Neb. 2016). “2d 694 (2014), in response to Miller, the Nebraska Legislature enacted Neb. Rev. Stat. § 28-105.02 (Cum. Supp. 2014), regarding sentencing for certain murderers convicted of crimes classified as Class IA felonies.”
State v. Garza, 888 N.W.2d 526 (Neb. 2016). “Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016) contains a nonexhaustive list of mitigating factors a sentencing court must con- sider when imposing a sentence for first degree murder on one who was under the age of 18 when he or she committed the crime.”
State v. Nollen, 296 Neb. 94 (Neb. 2017). “The district court vacated Nollen’s sen- tence and ordered a presentence report and comprehen- sive mental health examination pursuant to Neb. Rev. Stat. § 28-105.02 (Reissue 2016).”
State v. Thieszen, 300 Neb. 112 (Neb. 2018). “Before imposing a sentence, the court addressed the factors set forth in Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016).”
State v. Jackson, 297 Neb. 22 (Neb. 2017). “In conducting Jackson’s examination, Newring attempted to address the following mitigating factors, which are set forth in Neb. Rev. Stat. § 28-105.02 (2) (Reissue 2016): (a) The convicted person’s age at the time of the offense; (b) The impetuosity of the convicted person; (c)…”
— Neb. Rev. Stat. § 28-105.02(f) — 1 case
State v. Vazquez, 319 Neb. 192 (Neb. 2025). “He points to the fact that he “received an aggregate sentence of 129 years to life imprisonment” 149 for the seven convictions in this case, and he argues that “trial counsel performed deficiently by not pro- viding the court .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.