The changes made to the sections listed in this section by Laws 2015, LB605, shall not apply to any offense committed prior to August 30, 2015. Any such offense shall be construed and punished according to the provisions of law existing at the time the offense was committed. For purposes of this section, an offense shall be deemed to have been committed prior to August 30, 2015, if any element of the offense occurred prior to such date. The following sections are subject to this provision: Sections 9-262, 9-352, 9-434, 9-652, 23-135.01, 28-105, 28-106, 28-201, 28-204, 28-305, 28-306, 28-309, 28-310.01, 28-311, 28-311.01, 28-311.04, 28-311.08, 28-320, 28-322.02, 28-322.03, 28-322.04, 28-323, 28-393, 28-394, 28-397, 28-416, 28-504, 28-507, 28-514, 28-518, 28-519, 28-603, 28-604, 28-611, 28-611.01, 28-620, 28-621, 28-622, 28-627, 28-631, 28-638, 28-639, 28-703, 28-707, 28-912, 28-932, 28-1005, 28-1009, 28-1102, 28-1103, 28-1104, 28-1212.03, 28-1222, 28-1224, 28-1344, 28-1345, 28-1803, 28-1804, 29-1816, 29-2204, 29-2260, 29-2308, 29-4011, 60-6,197.03, 60-6,197.06, 68-1017, 68-1017.01, 71-2228, and 71-2229.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2016–2025 · leading case:
State v. Benavides, 884 N.W.2d 923 (Neb. 2016).
State v. Benavides, 884 N.W.2d 923 (Neb. 2016).
· cites it 14× “”5 The newly created Neb. Rev. Stat. § 28-116 (Supp. 2015), in turn, clarifies that if a defendant committed any element of an offense before August 30, 2015, the penalty changes under L.”
State v. Aguallo, 881 N.W.2d 918 (Neb. 2016).
· cites it 12× “2015) and Neb. Rev. Stat. § 28-116 (Supp. 2015)—clearly states 6 § 29-2204(1) and (1)(a).”
State v. Thompson, 881 N.W.2d 609 (Neb. 2016).
· cites it 2× “605 became effective on August 30, 2015, which was after Thompson com- mitted the present offense but before he was sentenced.”
State v. Raatz, 294 Neb. 852 (Neb. 2016).
· cites it 6× “Further, Neb. Rev. Stat. § 28-116 (Supp. 2015) states in part: The changes made to the sections listed in this sec- tion by Laws 2015, LB605, shall not apply to any offense committed prior to August 30, 2015.”
State v. Mora, 298 Neb. 185 (Neb. 2017).
· cites it 2× “The determining factor is whether the record is sufficient to adequately review the question.28 Both parties assert that the record on appeal is insufficient to address any of the ineffective assistance of counsel claims.”
State v. Rogers, 297 Neb. 265 (Neb. 2017).
· cites it 2× “See, also, § 28-105(8) (Reissue 2016) and Neb. Rev. Stat. § 28-116 (Reissue 2016). 26 State v.”
State v. Robeson, 25 Neb. Ct. App. 138 (Neb. Ct. App. 2017).
· cites it 3× “[11] Neb. Rev. Stat. § 28-116 (Reissue 2016) states in part: The changes made to the sections listed in this section by Laws 2015, LB605, shall not apply to any offense committed prior to August 30, 2015.”
State v. McClease (Neb. Ct. App. 2016).
· cites it 8× “605, codified at Neb. Rev. Stat. § 28-116 (Supp. 2015), provides that the amendments to certain statutory sections made by L.”
State v. Brungardt (Neb. Ct. App. 2017).
· cites it 2× “605; pursuant to Neb. Rev. Stat. § 28-116 (Reissue 2016), L.”
State v. Miranda-Henriquez (Neb. Ct. App. 2020).
· cites it 2× “Although § 28-105 was amended in 2015 to decrease the penalties for Class IIIA felonies, the Legislature specifically provided that “the changes made to the penalties for Class III, IIIA, and IV felonies by Laws 2015, LB 605, do not apply to any offense committed prior to August…”
State v. Azcunaga-Molina (Neb. Ct. App. 2025).
· cites it 2× “” In this case, the first degree sexual assault and three charges of third degree sexual assault occurred before August 30, 2015.”
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