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

Neb. Rev. Stat. § 28-313 (2026)

Kidnapping; penalties

✓ current as of July 2026
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(1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following:

(a) Hold him for ransom or reward; or

(b) Use him as a shield or hostage; or

(c) Terrorize him or a third person; or

(d) Commit a felony; or

(e) Interfere with the performance of any government or political function.

(2) Except as provided in subsection (3) of this section, kidnapping is a Class IA felony.

(3) If the person kidnapped was voluntarily released or liberated alive by the abductor and in a safe place without having suffered serious bodily injury, prior to trial, kidnapping is a Class II felony.

Notes of Decisions
Cited in 55 cases (7 in the last 5 years), 1981–2026 · leading case: State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016).
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State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). · cites it 10× “The provisions of Neb. Rev. Stat. § 28-313 (3) (Reissue 1995) are mitigating circumstances which may reduce the pen- alty for kidnapping and are therefore a matter for the court at sentencing, not the jury.”
State v. German, 316 Neb. 841 (Neb. 2024). · cites it 9× “The kidnapping statute, Neb. Rev. Stat. § 28-313 (Reissue 2016), provides for a lesser penalty depending on treatment of the victim.”
State v. Mata, 668 N.W.2d 448 (Neb. 2003). · cites it 8× “Motions to Dismiss/Elements of Kidnapping Neb. Rev. Stat. § 28-313 (Reissue 1995) provides: (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him for ransom or reward; or (b) Use…”
Garza v. Kenney, 646 N.W.2d 579 (Neb. 2002). · cites it 12× “FACTS On April 7, 1983, the State filed an information charging Garza with, inter alia, kidnapping, in violation of Neb. Rev. Stat. § 28-313 (Reissue 1995). On February 17,1984, Garza was convicted by jury of the kidnapping charge and subsequently sentenced to life imprisonment.”
State v. Delgado, 690 N.W.2d 787 (Neb. 2005). · cites it 17× “Neb. Rev. Stat. § 28-313 (Reissue 1995); State v.”
State v. Becerra, 573 N.W.2d 397 (Neb. 1998). · cites it 10× “Becerra was charged by information with kidnapping with intent to terrorize, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1995), and with use of a firearm to commit a felony, in violation of Neb.”
State v. Becerra, 642 N.W.2d 143 (Neb. 2002). · cites it 9× “BACKGROUND Becerra was convicted in 1996 of kidnapping under Neb. Rev. Stat. § 28-313 (1) (Reissue 1995) and use of a weapon to commit a felony.”
Doe v. Nebraska, 734 F. Supp. 2d 882 (D. Neb. 2010). · cites it 6× “nd who knowingly and intentionally uses a social networking web site, instant messaging, or chat room service that allows a person who is less than eighteen years of age to access or use its social networking web site, instant messaging, or chat room service, commits the offense…”
State v. Schneckloth, 313 N.W.2d 438 (Neb. 1981). · cites it 9× “Heathman, were each charged in informations containing three counts with committing the offenses of kidnapping, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1979); first degree sexual assault, in violation of Neb.”
State v. Robbins, 570 N.W.2d 185 (Neb. 1997). · cites it 7× “ANALYSIS We begin by reviewing the statute defining “kidnapping,” Neb. Rev. Stat. § 28-313 (Reissue 1995), which reads: *149 (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him…”
State v. Daniels, 388 N.W.2d 446 (Neb. 1986). · cites it 6× “The crime of kidnaping is defined at Neb.Rev.Stat. § 28-313 (Reissue 1979): (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him for ransom or reward; or (b) Use him as a shield…”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997). · cites it 4× “Regarding the kidnapping charge, Schmidt was charged, in the alternative, with abducting or restraining the victim with the intent to terrorize her or commit a felony, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1995).”
Show all 55 citing cases →
— Neb. Rev. Stat. § 28-313(1) — 6 cases
State v. Becerra, 573 N.W.2d 397 (Neb. 1998). “Becerra was charged by information with kidnapping with intent to terrorize, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1995), and with use of a firearm to commit a felony, in violation of Neb.”
State v. Schmidt, 562 N.W.2d 859 (Neb. Ct. App. 1997). “Regarding the kidnapping charge, Schmidt was charged, in the alternative, with abducting or restraining the victim with the intent to terrorize her or commit a felony, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1995).”
State v. Clark, 637 N.W.2d 671 (Neb. Ct. App. 2002).
State v. Masters, 524 N.W.2d 342 (Neb. 1994).
State v. Schneckloth, 313 N.W.2d 438 (Neb. 1981). “Heathman, were each charged in informations containing three counts with committing the offenses of kidnapping, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1979); first degree sexual assault, in violation of Neb.”
— Neb. Rev. Stat. § 28-313(1)(b) — 1 case
State v. Driver (Neb. Ct. App. 2021).
— Neb. Rev. Stat. § 28-313(1)(c) — 1 case
State v. Wells, 28 Neb. Ct. App. 118 (Neb. Ct. App. 2020).
— Neb. Rev. Stat. § 28-313(2) — 2 cases
State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). “The provisions of Neb. Rev. Stat. § 28-313 (3) (Reissue 1995) are mitigating circumstances which may reduce the pen- alty for kidnapping and are therefore a matter for the court at sentencing, not the jury.”
State v. Bain, 292 Neb. 398 (Neb. 2016).
— Neb. Rev. Stat. § 28-313(3) — 8 cases
State v. Betancourt-Garcia, 887 N.W.2d 296 (Neb. 2016). “The provisions of Neb. Rev. Stat. § 28-313 (3) (Reissue 1995) are mitigating circumstances which may reduce the pen- alty for kidnapping and are therefore a matter for the court at sentencing, not the jury.”
Garza v. Kenney, 646 N.W.2d 579 (Neb. 2002). “FACTS On April 7, 1983, the State filed an information charging Garza with, inter alia, kidnapping, in violation of Neb. Rev. Stat. § 28-313 (Reissue 1995). On February 17,1984, Garza was convicted by jury of the kidnapping charge and subsequently sentenced to life imprisonment.”
State v. German, 316 Neb. 841 (Neb. 2024). “The kidnapping statute, Neb. Rev. Stat. § 28-313 (Reissue 2016), provides for a lesser penalty depending on treatment of the victim.”
State v. Delgado, 690 N.W.2d 787 (Neb. 2005). “Neb. Rev. Stat. § 28-313 (Reissue 1995); State v.”
State v. Mata, 668 N.W.2d 448 (Neb. 2003). “Motions to Dismiss/Elements of Kidnapping Neb. Rev. Stat. § 28-313 (Reissue 1995) provides: (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him for ransom or reward; or (b) Use…”
— Neb. Rev. Stat. § 28-313(l)(c) — 2 cases
State v. Becerra, 573 N.W.2d 397 (Neb. 1998). “Becerra was charged by information with kidnapping with intent to terrorize, in violation of Neb. Rev. Stat. § 28-313 (1) (Reissue 1995), and with use of a firearm to commit a felony, in violation of Neb.”
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
— Neb. Rev. Stat. § 28-313(l)(d) — 1 case
State v. Mata, 668 N.W.2d 448 (Neb. 2003). “Motions to Dismiss/Elements of Kidnapping Neb. Rev. Stat. § 28-313 (Reissue 1995) provides: (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following: (a) Hold him for ransom or reward; or (b) Use…”
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