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

Neb. Rev. Stat. § 28-106 (2026)

Misdemeanors; classification of penalties; sentences; where served

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(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
Notes of Decisions
Cited in 246 cases (75 in the last 5 years), 1980–2026 · leading case: State v. Becker, 936 N.W.2d 505 (Neb. 2019).
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State v. Becker, 936 N.W.2d 505 (Neb. 2019). · cites it 18× “§ 28-106 (2) (Reissue 2016), which provides in part: 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…”
State v. Ralios, 921 N.W.2d 362 (Neb. 2019). · cites it 3× “) Under Neb. Rev. Stat. § 28-106 (Reissue 2016), a Class III misdemeanor is generally punishable by a maximum of 3 months' imprisonment, a fine of $500, or both, with no minimum.”
State v. Vanness, 912 N.W.2d 736 (Neb. 2018). · cites it 2× “No error has been assigned with regard to the periods of postrelease supervision imposed, the credit for time served, or the consecutive nature of Vanness' sentencing which we have not already addressed.”
State v. Wilkinson, 881 N.W.2d 850 (Neb. 2016). · cites it 2× “21 Neb. Rev. Stat. § 28-106 (Cum. Supp. 2014).”
State v. Baxter, 888 N.W.2d 726 (Neb. 2017). · cites it 2× “2015) for a Class IV felony and under Neb. Rev. Stat. § 28-106 (Supp. 2015) for a Class III misdemeanor.”
State v. Wal, 923 N.W.2d 367 (Neb. 2019). · cites it 2× “3 Neb. Rev. Stat. § 28-106 (Reissue 2016). 4 State v.”
State v. Hansen, 542 N.W.2d 424 (Neb. 1996). · cites it 4× “Furthermore, the judge is to impose a mandatory minimum penalty of 7 days’ imprisonment and a $200 fine, up to a maximum of 60 days’ imprisonment and a $500 fine, pursuant to Neb. Rev. Stat. § 28-106 (1) (Cum. *193 Supp.”
State v. Brouillette, 655 N.W.2d 876 (Neb. 2003). · cites it 4× “Neb.Rev.Stat. §§ 28-106 (Cum.Supp.2000) and 28-306(1) and (2).”
State v. Schulz, 378 N.W.2d 165 (Neb. 1985). · cites it 12× “The penalty under Neb.Rev.Stat. § 28-106 (Cum.Supp.1984) for the second conviction of a Class W misdemeanor is 30 days in jail—not 32 days in jail.”
State v. Collins, 950 N.W.2d 89 (Neb. 2020). · cites it 2× “The district court on appeal from the county court noted that the county court did not impose a sentence of either imprisonment or probation, and the district court concluded - 590 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports STATE v.”
State v. Griffin, 705 N.W.2d 51 (Neb. 2005). · cites it 2× “See Neb. Rev. Stat. § 28-106 (Cum. Supp. 2004).”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). · cites it 2× “39 Johnson focuses on her allegation that in reaching the decision to impose imprisonment rather than probation, the trial court improperly engaged in speculation as to the factual basis of the jury’s verdict and her motives.”
Show all 246 citing cases →
Neb. Rev. Stat. § 28-106(1): 16 cases
Am. Fam. Mut. Ins. v. Hadley, 648 N.W.2d 769 (Neb. 2002).
State v. Hansen, 542 N.W.2d 424 (Neb. 1996). “Furthermore, the judge is to impose a mandatory minimum penalty of 7 days’ imprisonment and a $200 fine, up to a maximum of 60 days’ imprisonment and a $500 fine, pursuant to Neb. Rev. Stat. § 28-106 (1) (Cum. *193 Supp.”
State v. Havlat, 385 N.W.2d 436 (Neb. 1986).
State v. Green, 471 N.W.2d 402 (Neb. 1991).
State v. Masilko, 409 N.W.2d 322 (Neb. 1987).
Neb. Rev. Stat. § 28-106(2): 6 cases
State v. Becker, 936 N.W.2d 505 (Neb. 2019). “§ 28-106 (2) (Reissue 2016), which provides in part: 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…”
State v. Wells, 940 N.W.2d 847 (Neb. Ct. App. 2020).
State v. Sabala, 313 N.W.2d 700 (Neb. 1981).
State v. Brungardt, No. A-16-564, A-16-566 (Neb. Ct. App. May 16, 2017).
State v. Stewart, No. A-24-759 (Neb. Ct. App. Sept. 30, 2025).
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