Nebraska Revised Statutes
Neb. Rev. Stat. § 28-1322 (2026)
Disturbing the peace; penalty
✓ current as of July 2026
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(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.
(2) Disturbing the peace is a Class III misdemeanor.
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1981–2026 · leading case: In Re Interest of Tyler F., 755 N.W.2d 360 (Neb. 2008).
In Re Interest of Tyler F., 755 N.W.2d 360 (Neb. 2008). “Count II is an allegation for disturbing the peace in violation of Neb. Rev.Stat. § 28-1322 (Reissue 1995). Even assuming he made the Internet postings, Tyler believes that this allegation must be dismissed because it was the anonymous male callers and visitors who actually…”
State v. Lingle, 308 N.W.2d 531 (Neb. 1981). “" The statute, Neb.Rev. Stat. § 28-1322 (Reissue 1979) simply states that "[a]ny person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.”
State v. Hays, 570 N.W.2d 823 (Neb. 1997). “BACKGROUND On January 3, 1996, Hays appeared pro se before the county court for arraignment on charges of disturbing the peace, Neb. Rev. Stat. § 28-1322 (Reissue 1995), and criminal mischief, Neb.”
State v. Broadstone, 447 N.W.2d 30 (Neb. 1989). “Neb. Rev. Stat. § 28-1322 (1) (Reissue 1985) describes the offense of disturbing the peace as intentionally disturbing the peace and quiet of any person, family, or neighborhood.”
In re Interest of Elainna R., 298 Neb. 436 (Neb. 2017). “050 (2013), is as follows: (a) It shall be unlawful for any person to intentionally or knowingly disturb the peace and quiet of any person, family, or neighborhood, or any public assembly, or assembly of persons for religious worship.”
State v. Kennedy, 396 N.W.2d 722 (Neb. 1986). “See Neb. Rev. Stat. § 28-1322 (Reissue 1985).”
In Re Interest of Antonio O., 784 N.W.2d 457 (Neb. Ct. App. 2010). “§ 28-323(4) (Reissue 2008), and disturbing the peace, pursuant to Neb.Rev.Stat. § 28-1322(1) (Reissue 2008).”
United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013). “72 (providing that “disorderly conduct” includes any act that tends to “disturb others or provoke an assault or breach of the peace”); Neb.Rev.Stat. § 28-1322 (providing that “disturbing the peace” including any conduct that “disturb[s] the peace and quiet of any person”); N.”
State v. Goodpasture, 338 N.W.2d 446 (Neb. 1983). “The charge was later amended to disturbing the peace in violation of Neb. Rev. Stat. § 28-1322 (Reissue 1979), a Class III misdemeanor.”
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005). “PROCEDURAL BACKGROUND The Lancaster County Attorney charged Anthony with count I, disturbing the peace and quiet under Neb. Rev. Stat. § 28-1322 (Reissue 1995) and with count II, possession of a device “as *661 defined by sub[sect]ion (7) of [§] 28-1213, in violation of the…”
State v. Hai Dang, 368 N.W.2d 486 (Neb. 1985). “The defendant was convicted in the county court for Lancaster County on the May 4,1984, charge of disturbing the peace, a violation of Neb. Rev. Stat. § 28-1322 (1) (Reissue 1979).”
State v. George, 424 N.W.2d 350 (Neb. 1988). “This is an appeal from the judgment of the district court which affirmed the conviction of the defendant by the county court for disturbing the peace under the provisions of Neb. Rev. Stat. § 28-1322 (1) (Reissue 1985), a Class III misdemeanor.”
— Neb. Rev. Stat. § 28-1322(1) — 4 cases
In Re Interest of Antonio O., 784 N.W.2d 457 (Neb. Ct. App. 2010). “§ 28-323(4) (Reissue 2008), and disturbing the peace, pursuant to Neb.Rev.Stat. § 28-1322(1) (Reissue 2008).”
State v. Thomas, 25 Neb. Ct. App. 256 (Neb. Ct. App. 2017).
In re Interest of Colton S. (Neb. Ct. App. 2024).
State v. Stillmock (Neb. Ct. App. 2024).
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