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

Neb. Rev. Stat. § 28-107 (2026)

Felony or misdemeanor, defined outside of code; how treated

✓ current as of July 2026
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(1) Any felony or misdemeanor defined by state statute outside of this code without specification of its class shall be punishable as provided in the statute defining it, or as otherwise provided by law outside of this code, except as provided in subsections (2) and (3) of this section.

(2) A felony defined by statute outside this code, without classification, the sentence for which exceeds the sentence authorized in this code for a Class III felony, shall constitute for sentencing purposes a Class III felony. A person adjudged guilty under such law is deemed to be convicted of a Class III felony and shall be sentenced for a felony of that class in accordance with this code.

(3) A misdemeanor defined by a statute outside this code, the sentence for which exceeds the sentence authorized in this code for a Class I misdemeanor, shall constitute for sentencing purposes a Class I misdemeanor. A person adjudged guilty under such law is deemed to be convicted of a Class I misdemeanor and shall be sentenced for a Class I misdemeanor in accordance with this code.

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: State v. Schultz, 566 N.W.2d 739 (Neb. 1997).
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State v. Schultz, 566 N.W.2d 739 (Neb. 1997). · cites it 7× “The fact that a spe-' *749 cific punishment for the crime of fourth-offense DUI is set forth in the Criminal Code at § 28-106(1) distinguishes the need to rely on the more general § 28-107(3), which concerns all misdemeanors defined outside the code.”
Neb. Rev. Stat. § 28-107(3): 1 case
State v. Schultz, 566 N.W.2d 739 (Neb. 1997). “The fact that a spe-' *749 cific punishment for the crime of fourth-offense DUI is set forth in the Criminal Code at § 28-106(1) distinguishes the need to rely on the more general § 28-107(3), which concerns all misdemeanors defined outside the code.”
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