Nebraska Revised Statutes

Neb. Rev. Stat. § 28-326 (2026)

Terms, defined

✓ current as of July 2026

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For purposes of sections 28-325 to 28-345 and 28-347 to 28-347.06, unless the context otherwise requires:

(1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child, and which causes the premature termination of the pregnancy;

(2) Complications associated with abortion means any adverse physical, psychological, or emotional reaction that is reported in a peer-reviewed journal to be statistically associated with abortion such that there is less than a five percent probability (P < .05) that the result is due to chance;

(3) Conception means the fecundation of the ovum by the spermatozoa;

(4)(a) Dismemberment abortion means an abortion in which, with the purpose of causing the death of an unborn child, a person purposely dismembers the body of a living unborn child and extracts him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child's body to cut or rip it off.

(b) Dismemberment abortion does not include:

(i) An abortion in which suction is used to dismember the body of an unborn child by sucking fetal parts into a collection container; or

(ii) The use of instruments or suction to remove the remains of an unborn child who has already died;

(5) Emergency situation means that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial impairment of a major bodily function;

(6) Hospital means those institutions licensed by the Department of Health and Human Services pursuant to the Health Care Facility Licensure Act;

(7) Negligible risk means a risk that a reasonable person would consider to be immaterial to a decision to undergo an elective medical procedure;

(8) Partial-birth abortion means an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery. For purposes of this subdivision, the term partially delivers vaginally a living unborn child before killing the unborn child means deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing such procedure knows will kill the unborn child and does kill the unborn child;

(9) Physician means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act;

(10) Pregnant means that condition of a woman who has unborn human life within her as the result of conception;

(11) Probable gestational age of the unborn child means what will with reasonable probability, in the judgment of the physician, be the gestational age of the unborn child at the time the abortion is planned to be performed;

(12) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with abortion such that there is less than a five percent probability (P < .05) that such statistical association is due to chance. Such information on risk factors shall have been published in any peer-reviewed journals indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any journal included in the Thomson Reuters Scientific Master Journal List not less than twelve months prior to the day preabortion screening was provided;

(13) Self-induced abortion means any abortion or menstrual extraction attempted or completed by a pregnant woman on her own body;

(14) Ultrasound means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor an unborn child;

(15) Viability means that stage of human development when the unborn child is potentially able to live more than merely momentarily outside the womb of the mother by natural or artificial means; and

(16) Woman means any female human being whether or not she has reached the age of majority.

Notes of Decisions

Cited in 13 cases, 1979–2010 · leading case: Stenberg v. Carhart, 530 U.S. 914 (2000).

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Stenberg v. Carhart, 530 U.S. 914 (2000). · cites it 12× “" Neb. Rev. Stat. Ann. § 28-326 (9) (Supp. 1999).”

Gonzales v. Carhart, 550 U.S. 124 (2007). · cites it 4× “, at 922 (quoting Neb. Rev. Stat. Ann. §28-326 (9) (Supp. 1999)).”

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). · cites it 16× “It permits the severing of unconstitutional portions of a section without an effect on the remainder of that section.”

Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). · cites it 2× “[5] Doctors, knowing when and how they might incur liability, need not be inhibited from performing permissible standard D & E procedures because the Virginia Act is plain as to how that liability may be avoided.”

Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998). · cites it 2× “LB 23 § 2(9), codified at Neb.Rev.Stat. § 28-326(9) (Michie 1997). 7.”

Women's Med. Prof'l Corp. Martin Haskell, Md v. Bob Taft, Governor Betty D. Montgomery, Attorney Gen. Mathias H. Heck, Jr., 353 F.3d 436 (6th Cir. 2004). “2597 (quoting Neb.Rev.Stat. Ann. § 28-326(9) (Supp.1999)).”

Planned Parenthood Fed'n of Am., Inc. v. Gonzales, 435 F.3d 1163 (9th Cir. 2006). · cites it 3× “First, the government notes that unlike the Nebraska statute which applied when the living fetus or a substantial portion of it was delivered “into the vagina,” Neb.Rev.Stat. § 28-326(9), the federal Act applies only when there is a vaginal delivery “outside the body of the…”

Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001). · cites it 2× “The language of the Alabama statute closely tracks that of the Nebraska statute, which prohibits the “partial birth abortion” procedure, defined as “an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before…”

Schulte v. Douglas, 567 F. Supp. 522 (D. Neb. 1981). · cites it 6× “Section 28-326(6) defines viability as: “.”

Planned Parenthood of Idaho, Inc. v. Wasden, 376 F.3d 908 (9th Cir. 2004). “§ 50-20-203 (5) (2003); Neb. Rev. Stat. § 28-326 (7) (2003); N.J.”

Planned Parenthood of Heartland v. Heineman, 724 F. Supp. 2d 1025 (D. Neb. 2010). · cites it 2× “Section 3 of the bill would amend Neb. Rev.Stat. § 28-326, a statute that contains definitions related to the topic of abortion.”

Carhart v. Smith, 178 F. Supp. 2d 1048 (D. Neb. 2001). · cites it 2× “Legislative Bill 23 was subsequently signed by the governor and codified at Neb. Rev. Stat. §§ 28-326 (9) and 28-328 (1997).”

Show all 13 citing cases →

— Neb. Rev. Stat. § 28-326(6) — 1 case

Schulte v. Douglas, 567 F. Supp. 522 (D. Neb. 1981). “Section 28-326(6) defines viability as: “.”

— Neb. Rev. Stat. § 28-326(7) — 1 case

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). “It permits the severing of unconstitutional portions of a section without an effect on the remainder of that section.”

— Neb. Rev. Stat. § 28-326(8) — 1 case

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). “It permits the severing of unconstitutional portions of a section without an effect on the remainder of that section.”

— Neb. Rev. Stat. § 28-326(8)(a) — 1 case

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). “It permits the severing of unconstitutional portions of a section without an effect on the remainder of that section.”

— Neb. Rev. Stat. § 28-326(8)(b) — 1 case

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). “It permits the severing of unconstitutional portions of a section without an effect on the remainder of that section.”

— Neb. Rev. Stat. § 28-326(9) — 5 cases

Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “[5] Doctors, knowing when and how they might incur liability, need not be inhibited from performing permissible standard D & E procedures because the Virginia Act is plain as to how that liability may be avoided.”

Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998). “LB 23 § 2(9), codified at Neb.Rev.Stat. § 28-326(9) (Michie 1997). 7.”

Planned Parenthood Fed'n of Am., Inc. v. Gonzales, 435 F.3d 1163 (9th Cir. 2006). “First, the government notes that unlike the Nebraska statute which applied when the living fetus or a substantial portion of it was delivered “into the vagina,” Neb.Rev.Stat. § 28-326(9), the federal Act applies only when there is a vaginal delivery “outside the body of the…”

Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001). “The language of the Alabama statute closely tracks that of the Nebraska statute, which prohibits the “partial birth abortion” procedure, defined as “an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before…”

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