Nebraska Revised Statutes

Neb. Rev. Stat. § 28-335 (2026)

Abortion by other than licensed physician; penalty; physical presence; violation; penalty

✓ current as of July 2026

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(1) The performing of an abortion by any person other than a licensed physician is a Class IV felony.

(2) No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion. Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony. No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed, induced, or attempted to be performed or induced.

Notes of Decisions

Cited in 4 cases, 1979–2020 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).

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Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 2× “031 (1989); Neb. Rev. Stat. § 28-335 (1995); id., § 71-1,104 (Supp.”

Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “266 (excluding the "pregnant woman” from liability for "crimes against unborn children”); Neb.Rev.Stat. § 28-335 (providing "[n]o civil or criminal penalty .”

Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979). · cites it 2× “38, except § 28-335, and the sections of L.B. 316. 3 .”

Am. Coll. of Obstetricians & Gynecologists v. United States Food & Drug Admin. (D. Maryland 2020). “1 (West 2016) (stating that when mifepristone is used to induce an abortion, the “physician who is prescribing, dispensing, or otherwise providing the drug or chemical shall be physically present, in person, in the same room as the patient when the drug or chemical is first…”

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