Neb. Rev. Stat. » Chapter 28

Neb. Rev. Stat. § 28-311.04

Stalking; violations; penalties

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(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.

(2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if:

(a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;

(b) The victim is under sixteen years of age;

(c) The person possessed a deadly weapon at any time during the violation;

(d) The person was also in violation of any protection order issued under the Protection Orders Act or any valid foreign protection order recognized pursuant to section 26-123 or 26-124 at any time during the violation; or

(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 1997–2026 · leading case: State v. Jennings
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State v. Jennings (2021) neb · cites it 2× “BACKGROUND On August 17, 2018, the State filed a complaint in the county court for Douglas County, charging Jennings with the Class I misdemeanor of stalking, in violation of Neb. Rev. Stat. § 28-311.04 (Cum. Supp. 2020).”
State v. Hilding (2009) neb · cites it 2× “Hilding was convicted of two counts of first degree sexual assault, which is a Class II felony pursuant to § 28-319(2), and one count of stalking, which is a Class I misdemeanor pursuant to Neb. Rev. Stat. § 28-311.04 (1) (Reissue 2008).”
State v. McKee (1997) neb · cites it 4× “Upon the filing of such an application and affidavit in support thereof, the judge or court may issue a protection order without bond enjoining the adverse party from (a) imposing any restraint upon the person or liberty of the applicant or (b) threatening, assaulting,…”
State v. Dicken (2026) neb · cites it 2× “” 15 In the operative information in this case, in place of the “any felony” language of § 28-507, the information specified stalking as the offense Dicken had the intent to commit.”
State v. Dicken (2026) neb · cites it 2× “” 15 In the operative information in this case, in place of the “any felony” language of § 28-507, the information specified stalking as the offense Dicken had the intent to commit.”
State v. Cutaia (2021) nebctapp · cites it 2× “03 (stalking); Neb. Rev. Stat. § 28-311.04 (2)(d) (Cum. Supp.”
— Neb. Rev. Stat. § 28-311.04(2)(a) — 2 cases
State v. Dicken (2026) neb “” 15 In the operative information in this case, in place of the “any felony” language of § 28-507, the information specified stalking as the offense Dicken had the intent to commit.”
State v. Dicken (2026) neb “” 15 In the operative information in this case, in place of the “any felony” language of § 28-507, the information specified stalking as the offense Dicken had the intent to commit.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.