(1) It shall be unlawful for any person:
(a) To omit, remove, alter, or obliterate a symbol required by the federal Controlled Substances Act, 21 U.S.C. 801 et seq., as the act existed on September 1, 2001, or required by the laws of this state;
(b) To alter, deface, or remove any label affixed to a package of narcotic drugs;
(c) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under the Uniform Controlled Substances Act;
(d) To refuse any entry into any premises for inspection authorized by the act;
(e) To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or place whatever which such person knows or should know is resorted to by persons using controlled substances in violation of the Uniform Controlled Substances Act for the purpose of using such substances or which is used for the keeping or selling of the same in violation of the act;
(f) To whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner or the owner of any animal for which any such substance has been prescribed, sold, or dispensed by a veterinarian to possess it in a container other than which it was delivered to him or her by the practitioner; or
(g) To be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a practitioner. In a prosecution under this subdivision, it shall not be necessary for the state to prove that the accused was under the influence of any specific controlled substance, but it shall be sufficient for a conviction under this subdivision for the state to prove that the accused was under the influence of some controlled substance by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled substance.
(2) Any person who violates this section shall be guilty of a Class III misdemeanor.
Notes of Decisions
Cited in
25
cases, 1940–2020 · leading case:
State v. Baxter, 888 N.W.2d 726 (Neb. 2017).
State v. Baxter, 888 N.W.2d 726 (Neb. 2017).
· cites it 2× “2015), a Class IV felony, and (2) unlawful acts relating to drugs, in violation of Neb. Rev. Stat. § 28-417 (1)(f) (Reissue 2016), a Class III misdemeanor.”
Macomber v. State, 291 N.W. 674 (Neb. 1940).
· cites it 16× “1929, in its entirety, contains possibly four separate divisions that may be stated as follows : First: “Whoever shall kidnap or forcibly or fraudulently carry off or decoy out of this state any person or persons or shall arrest or imprison any person or persons, with the…”
State v. Randolph, 183 N.W.2d 225 (Neb. 1971).
· cites it 6× “The 1969 Legislature amended section 28-417, R. R. S. 1943, by reclassifying degrees of the crime of kidnapping and reduced the penalty under Count II to imprisonment for not less than 3 nor more than 50 years.”
State v. Tatreau, 126 N.W.2d 157 (Neb. 1964).
· cites it 12× “Defendant urges six assignments of error, the first four of which essentially involve two issues: Was it necessary to remove the Lewis children from their place of abode to constitute imprisonment within the meaning of said section; and, if so, did the defendant imprison the…”
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
· cites it 2× “29 , 699 N.W.2d 802 (2005). 21 Neb. Rev.”
State v. Goham, 187 N.W.2d 305 (Neb. 1971).
· cites it 8× “*38 After the crime was committed but before trial, the Nebraska Legislature amended section 28-417, R. R. S. 1943, to- provide that the penalty should be death or imprisonment for not less than 3 nor more than 50 years at the discretion of the jury.”
State v. Utterback, 485 N.W.2d 760 (Neb. 1992).
· cites it 2× “§ 28-416 (6), (7), and (8) (Reissue 1989) prohibit the possession of marijuana, and Neb. Rev. Stat. § 28-417 (l)(g) (Reissue 1989) prohibits being under its influence, but nowhere in the statutes of the State of Nebraska is the purchase of marijuana expressly prohibited.”
State v. Lauritsen, 261 N.W.2d 755 (Neb. 1978).
· cites it 2× “Defendant was found guilty on both charges by a jury, and was sentenced to a term of imprisonment of 3 years on the kidnapping conviction and to a consecutive term of 1 to 3 years on the sexual assault conviction.”
State v. Goham, 187 N.W.2d 305 (Neb. 1971).
· cites it 8× “After the crime was committed but before trial, the Nebraska Legislature amended section 28-417, R.R.S.1943, to provide that the penalty should be death or imprisonment for not less than 3 nor more than 50 years at the discretion of the jury.”
State v. Saltzman, 233 N.W.2d 914 (Neb. 1975).
· cites it 6× “The defendant, Gary Lynn Saltzman, was charged with unlawfully taking awáy, holding, or imprisoning a police officer against his will for the purpose of compelling the performance of an act by such officer in violation of the kidnapping statute, section 28-417, R. S. Supp.,…”
State v. Duncan, 291 Neb. 1003 (Neb. 2015).
· cites it 2× “1003 Legislature was motivated by a desire for vengeance, a conclusion not permitted in view of modern theories of penology.”
Lingo v. Hann, 71 N.W.2d 716 (Neb. 1955).
· cites it 2× “At this arraignment, but immediately prior thereto, two things happened of which petitioner here complains: First, count one of the information was changed from a charge of kidnapping under section 28-417, R. R. S. 1943, to a charge of robbery from the person by putting in fear.”
— Neb. Rev. Stat. § 28-417(1)(g) — 1 case
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
“29 , 699 N.W.2d 802 (2005). 21 Neb. Rev.”
— Neb. Rev. Stat. § 28-417(g) — 1 case
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