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

Neb. Rev. Stat. § 28-311.01 (2026)

Terroristic threats; penalty

✓ current as of July 2026
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(1) A person commits terroristic threats if he or she threatens to commit any crime of violence:

(a) With the intent to terrorize another;

(b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or

(c) In reckless disregard of the risk of causing such terror or evacuation.

(2) Terroristic threats is a Class IIIA felony.

Notes of Decisions
Cited in 99 cases (36 in the last 5 years), 1989–2026 · leading case: State v. Nelson, 739 N.W.2d 199 (Neb. 2007).
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State v. Nelson, 739 N.W.2d 199 (Neb. 2007). · cites it 21× “Nelson was convicted of making terroristic threats in violation of Neb. Rev. Stat. § 28-311.01 (Reissue 1995).”
State v. Bryant, 311 Neb. 206 (Neb. 2022). · cites it 21× “Neb. Rev. Stat. § 28-311.01 (Reissue 2016) does not require that the threatened crime of violence be imminent.”
State v. Godek, 981 N.W.2d 810 (Neb. 2022). · cites it 22× “Godek appeals from his conviction and sentence for terroristic threats, 1 based upon phone calls he placed from Council Bluffs, Iowa, to persons in Bellevue, Sarpy County, 1 See Neb. Rev. Stat. § 28-311.01 (Reissue 2016).”
State v. Schmailzl, 502 N.W.2d 463 (Neb. 1993). · cites it 27× “1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb. Rev. Stat. § 28-311.01 (l)(a) and (c) (Reissue 1989),…”
State v. Clark, 315 Neb. 736 (Neb. 2024). · cites it 7× “Clark was subse- quently charged with terroristic threats under Neb. Rev. Stat. § 28-311.01 (Reissue 2016) and third degree sexual assault under Neb.”
State v. Smith, 678 N.W.2d 733 (Neb. 2004). · cites it 12× “§ 28-310 (l)(b) (Reissue 1995) as a lesser-included offense of terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995).”
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). · cites it 10× “Winkler argues that a successive prosecution for making terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb.”
State v. Haynes, 299 Neb. 249 (Neb. 2018). · cites it 2× “Count II charged him with terroristic threats, in violation of Neb. Rev. Stat. § 28-311.01 (1)(a) (Reissue 2008), a Class IV felony.”
State v. Veatch, 740 N.W.2d 817 (Neb. Ct. App. 2007). · cites it 5× “Neb.Rev.Stat. § 28-311.01 (Reissue 1995) provides, in relevant part, that a person commits terroristic threats if he or she threatens to commit any crime of violence with the intent to terrorize another or in reckless disregard of the risk of causing such terror.”
State v. Oldenburg, 628 N.W.2d 278 (Neb. Ct. App. 2001). · cites it 6× “The charges resulted from an incident where Charlene pointed a gun at her husband, he charged her, and while doing so, he was shot and very seriously injured.”
State v. Bourke, 464 N.W.2d 805 (Neb. 1991). · cites it 22× “" On December 26, Bourke filed a motion to quash the information, asserting that the terroristic threats statute "is unconstitutionally vague and overbroad on its face in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.”
State v. Willett, 444 N.W.2d 672 (Neb. 1989). · cites it 13× “Willett was charged with threatening “to commit a crime of violence with the intent to terrorize [his wife] Jill Lee Willett by stating he was going to kill her, ” that is, a violation of Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), which provides: “(1) A person commits…”
Show all 99 citing cases →
— Neb. Rev. Stat. § 28-311.01(1) — 16 cases
State v. Nelson, 739 N.W.2d 199 (Neb. 2007). “Nelson was convicted of making terroristic threats in violation of Neb. Rev. Stat. § 28-311.01 (Reissue 1995).”
State v. Schmailzl, 502 N.W.2d 463 (Neb. 1993). “1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb. Rev. Stat. § 28-311.01 (l)(a) and (c) (Reissue 1989),…”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “Neb. Rev. Stat. § 28-311.01 (Reissue 2016) does not require that the threatened crime of violence be imminent.”
State v. Mendez-Osorio, 297 Neb. 520 (Neb. 2017).
State v. Smith, 678 N.W.2d 733 (Neb. 2004). “§ 28-310 (l)(b) (Reissue 1995) as a lesser-included offense of terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995).”
— Neb. Rev. Stat. § 28-311.01(1)(a) — 12 cases
State v. Godek, 981 N.W.2d 810 (Neb. 2022). “Godek appeals from his conviction and sentence for terroristic threats, 1 based upon phone calls he placed from Council Bluffs, Iowa, to persons in Bellevue, Sarpy County, 1 See Neb. Rev. Stat. § 28-311.01 (Reissue 2016).”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “Neb. Rev. Stat. § 28-311.01 (Reissue 2016) does not require that the threatened crime of violence be imminent.”
State v. Tucker, 764 N.W.2d 137 (Neb. Ct. App. 2009).
State v. Willett, 444 N.W.2d 672 (Neb. 1989). “Willett was charged with threatening “to commit a crime of violence with the intent to terrorize [his wife] Jill Lee Willett by stating he was going to kill her, ” that is, a violation of Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), which provides: “(1) A person commits…”
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). “Winkler argues that a successive prosecution for making terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb.”
— Neb. Rev. Stat. § 28-311.01(1)(c) — 4 cases
State v. Bourke, 464 N.W.2d 805 (Neb. 1991). “" On December 26, Bourke filed a motion to quash the information, asserting that the terroristic threats statute "is unconstitutionally vague and overbroad on its face in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.”
State v. Godek, 981 N.W.2d 810 (Neb. 2022). “Godek appeals from his conviction and sentence for terroristic threats, 1 based upon phone calls he placed from Council Bluffs, Iowa, to persons in Bellevue, Sarpy County, 1 See Neb. Rev. Stat. § 28-311.01 (Reissue 2016).”
State v. Rye, 705 N.W.2d 236 (Neb. Ct. App. 2005).
State v. Mayo, 464 N.W.2d 798 (Neb. 1991).
— Neb. Rev. Stat. § 28-311.01(2) — 5 cases
State v. Abejide, 879 N.W.2d 684 (Neb. 2016).
State v. Albers, 758 N.W.2d 411 (Neb. Ct. App. 2008).
State v. Willett, 444 N.W.2d 672 (Neb. 1989). “Willett was charged with threatening “to commit a crime of violence with the intent to terrorize [his wife] Jill Lee Willett by stating he was going to kill her, ” that is, a violation of Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), which provides: “(1) A person commits…”
State v. Bradley (Neb. Ct. App. 2018).
State v. Ware (Neb. Ct. App. 2017).
— Neb. Rev. Stat. § 28-311.01(l)(a) — 6 cases
State v. Smith, 678 N.W.2d 733 (Neb. 2004). “§ 28-310 (l)(b) (Reissue 1995) as a lesser-included offense of terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995).”
State v. Schmailzl, 502 N.W.2d 463 (Neb. 1993). “1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb. Rev. Stat. § 28-311.01 (l)(a) and (c) (Reissue 1989),…”
State v. Van, 688 N.W.2d 600 (Neb. 2004).
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). “Winkler argues that a successive prosecution for making terroristic threats under Neb. Rev. Stat. § 28-311.01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb.”
State v. Nelson, 739 N.W.2d 199 (Neb. 2007). “Nelson was convicted of making terroristic threats in violation of Neb. Rev. Stat. § 28-311.01 (Reissue 1995).”
— Neb. Rev. Stat. § 28-311.01(l)(c) — 3 cases
State v. Nelson, 739 N.W.2d 199 (Neb. 2007). “Nelson was convicted of making terroristic threats in violation of Neb. Rev. Stat. § 28-311.01 (Reissue 1995).”
State v. Schmailzl, 502 N.W.2d 463 (Neb. 1993). “1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb. Rev. Stat. § 28-311.01 (l)(a) and (c) (Reissue 1989),…”
State v. Bourke, 464 N.W.2d 805 (Neb. 1991). “" On December 26, Bourke filed a motion to quash the information, asserting that the terroristic threats statute "is unconstitutionally vague and overbroad on its face in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.”
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