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

Neb. Rev. Stat. § 28-311.01 (2026)

Terroristic threats; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 971 N.W.2d 146 (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× “- 1006 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports STATE V.”
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, 1 N.W.3d 487 (Neb. 2024). · cites it 7× “It shows only that 27 prospective jurors were “ran- domly selected” to be seated up front. Other prospective jurors were present.”
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, 908 N.W.2d 40 (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, 971 N.W.2d 146 (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, 900 N.W.2d 776 (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). “- 1006 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports STATE V.”
State v. Bryant, 971 N.W.2d 146 (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). “- 1006 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports STATE V.”
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, No. A-17-644, 2018 WL 3868987 (Neb. Ct. App. Aug. 14, 2018).
State v. Ware, No. A-16-1168 (Neb. Ct. App. Oct. 24, 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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