Nebraska Revised Statutes
Neb. Rev. Stat. § 28-1310 (2026)
Intimidation by telephone call or electronic communication; penalty
✓ current as of July 2026
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(1) A person commits the offense of intimidation by telephone call or electronic communication if, with intent to intimidate, threaten, or harass an individual, the person telephones such individual or transmits an electronic communication directly to such individual, whether or not conversation or an electronic response ensues, and the person:
(a) Uses obscene language or suggests any obscene act;
(b) Threatens to inflict physical or mental injury to such individual or any other person or physical injury to the property of such individual or any other person; or
(c) Attempts to extort property, money, or other thing of value from such individual or any other person.
(2) The offense shall be deemed to have been committed either at the place where the call or electronic communication was initiated or where it was received.
(3) Intimidation by telephone call or electronic communication is a Class III misdemeanor.
(4) For purposes of this section, electronic communication means any writing, sound, visual image, or data of any nature that is received or transmitted by an electronic communication device as defined in section 28-833.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1988–2022 · leading case: State v. Kipf, 450 N.W.2d 397 (Neb. 1990).
State v. Kipf, 450 N.W.2d 397 (Neb. 1990). “BACKGROUND The challenged portions of § 28-1310 provide: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass, annoy, or offend, he: .”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “01 (Reissue 2016); intimidation by phone call, a Class III misdemeanor, in violation of Neb. Rev. Stat. § 28-1310 (Cum. Supp. 2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb.”
State v. Jasper, 467 N.W.2d 855 (Neb. 1991). “2d 397 (1990), this court examined a jury instruction concerning proof for the crime of intimidation by telephone call, specifically Neb. Rev. Stat. § 28-1310 (2) (Reissue 1989), which provides: “The use of indecent, lewd, or obscene language or the making of a threat or lewd…”
State v. Willett, 444 N.W.2d 672 (Neb. 1989). “01, the court also gave an instruction on the offense of “intimidation by phone call,” a violation of Neb. Rev. Stat. § 28-1310 (Reissue 1985), which provides: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass,…”
State v. Methe, 422 N.W.2d 803 (Neb. 1988). “Methe was convicted of intimidation by phone call, in violation of Neb. Rev. Stat. § 28-1310 (l)(c) (Reissue 1985), after a Douglas County Court bench trial.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “01 (Reissue 2016); intimidation by phone call, a Class III misdemeanor, in violation of Neb. Rev. Stat. § 28-1310 (Cum. Supp. 2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb.”
State v. Graves (Neb. Ct. App. 2015). “Neb. Rev. Stat. § 28-1310 (1)(c) (Reissue 2008).”
State v. Enquist (Neb. Ct. App. 2022). “01, § 28-323, and § 28-1310. A Class IIIA felony is punishable by a maximum of 3 years’ imprisonment and 18 months’ post-release supervision, a $10,000 fine, or both; there is no minimum term of imprisonment, but there is a minimum of 9 months’ post-release supervision if…”
— Neb. Rev. Stat. § 28-1310(1) — 1 case
State v. Kipf, 450 N.W.2d 397 (Neb. 1990). “BACKGROUND The challenged portions of § 28-1310 provide: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass, annoy, or offend, he: .”
— Neb. Rev. Stat. § 28-1310(1)(b) — 3 cases
State v. Kipf, 450 N.W.2d 397 (Neb. 1990). “BACKGROUND The challenged portions of § 28-1310 provide: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass, annoy, or offend, he: .”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “01 (Reissue 2016); intimidation by phone call, a Class III misdemeanor, in violation of Neb. Rev. Stat. § 28-1310 (Cum. Supp. 2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “01 (Reissue 2016); intimidation by phone call, a Class III misdemeanor, in violation of Neb. Rev. Stat. § 28-1310 (Cum. Supp. 2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb.”
— Neb. Rev. Stat. § 28-1310(2) — 2 cases
State v. Kipf, 450 N.W.2d 397 (Neb. 1990). “BACKGROUND The challenged portions of § 28-1310 provide: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass, annoy, or offend, he: .”
State v. Jasper, 467 N.W.2d 855 (Neb. 1991). “2d 397 (1990), this court examined a jury instruction concerning proof for the crime of intimidation by telephone call, specifically Neb. Rev. Stat. § 28-1310 (2) (Reissue 1989), which provides: “The use of indecent, lewd, or obscene language or the making of a threat or lewd…”
— Neb. Rev. Stat. § 28-1310(l)(b) — 1 case
State v. Kipf, 450 N.W.2d 397 (Neb. 1990). “BACKGROUND The challenged portions of § 28-1310 provide: (1) A person commits the offense of intimidation by phone call if with intent to terrify, intimidate, threaten, harass, annoy, or offend, he: .”
— Neb. Rev. Stat. § 28-1310(l)(c) — 1 case
State v. Methe, 422 N.W.2d 803 (Neb. 1988). “Methe was convicted of intimidation by phone call, in violation of Neb. Rev. Stat. § 28-1310 (l)(c) (Reissue 1985), after a Douglas County Court bench trial.”
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