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

Neb. Rev. Stat. § 28-1212.02 (2026)

Unlawful discharge of firearm; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony.

Notes of Decisions
Cited in 18 cases (10 in the last 5 years), 1997–2026 · leading case: State v. Dap, 997 N.W.2d 363 (Neb. 2023).
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State v. Dap, 997 N.W.2d 363 (Neb. 2023). · cites it 6× “DAP a felony when a person “unlawfully and intentionally dis- charges a firearm at an inhabited dwelling house [or] occupied building.”
State v. Wofford, 904 N.W.2d 649 (Neb. 2017). · cites it 2× “Wofford was convicted of unlawful discharge of a firearm at an occupied motor vehicle, which is a Class ID felony under Neb. Rev. Stat. § 28-1212.02 (Reissue 2016).”
State v. Wells, 912 N.W.2d 896 (Neb. 2018). · cites it 2× “02 (Reissue 2016), which provides that a person is guilty of the offense if the person "unlawfully and intentionally discharges a firearm at[, inter alia,] an inhabited dwelling house, occupied building, [or] occupied motor vehicle.”
State v. McBride, 567 N.W.2d 136 (Neb. 1997). · cites it 5× “§§ 28-201 and 28-308 (Reissue 1995); with discharge of a firearm, a Class III felony, in violation of Neb. Rev. Stat. § 28-1212.02 (Reissue 1995); and with use of a firearm to commit a felony, a Class II felony, in violation of Neb.”
State v. Morton, 957 N.W.2d 522 (Neb. Ct. App. 2021). · cites it 3× “In that case, the district court found the defendant guilty of manslaughter by “‘unintentionally causing the death of [the victim] while in the commission of an unlawful act’” and also found the defendant guilty of use of a deadly weapon to commit a felony, explaining that the…”
State v. Esai P., 942 N.W.2d 416 (Neb. Ct. App. 2020). · cites it 2× “§ 28-1212.02 (Reissue 2016), a Class ID felony (count 7).”
State v. Morton, 966 N.W.2d 57 (Neb. 2021). “27 The intent to harm a specific individual is not dispositive of the elements of manslaughter.”
State v. Sutton, 24 N.W.3d 43 (Neb. 2025). · cites it 2× “Two vehicles were struck by gunfire in the area; one vehicle’s passenger, Jermaine Watkins, was shot and survived, and the other vehicle’s driver, Jennifer Hickman, was shot and killed.”
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022). · cites it 4× “The court determined that the separate sentences imposed for discharging and using the same firearm did not violate the Double Jeopardy Clause.”
State v. Ramsay, 598 N.W.2d 51 (Neb. 1999). · cites it 2× “§ 28-206 (Reissue 1995), which provides that “[a] person who aids, abets, procures, or causes another to commit any offense may be prosecuted and punished as if he were the principal offender.”
State v. Wofford, 298 Neb. 412 (Neb. 2017). · cites it 2× “Wofford was convicted of unlawful discharge of a firearm at an occupied motor vehicle, which is a Class ID felony under Neb. Rev. Stat. § 28-1212.02 (Reissue 2016).”
State v. Wilson, 30 N.W.3d 165 (Neb. 2026). · cites it 2× “The two counts of terroristic threats and one count of use of a firearm to commit a felony arose out of Wilson’s interactions with the customers. Wilson’s encounter with the police officer was the basis for the charges of attempted second degree murder; the second count of use…”
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