Nebraska Revised Statutes

Neb. Rev. Stat. § 28-507 (2026)

Burglary; penalty

✓ current as of July 2026

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(1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value.

(2) Burglary is a Class IIA felony.

Notes of Decisions

Cited in 113 cases (12 in the last 5 years), 1982–2026 · leading case: United States v. Driscoll, 892 F.3d 1127 (10th Cir. 2018).

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United States v. Driscoll, 892 F.3d 1127 (10th Cir. 2018). · cites it 5× “At the time of Driscoll's Nebraska burglary conviction in 1988, that statute stated: (1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with…”

State v. Greer, 596 N.W.2d 296 (Neb. 1999). · cites it 16× “Clearly, breaking is not an essential element of the crime of burglary and should be eliminated from § 28-507. In the case at bar, the victim was awakened by a man standing by her bed.”

State v. Evans, 338 N.W.2d 788 (Neb. 1983). · cites it 8× “The defendant was found guilty and convicted of violating Neb.Rev.Stat. § 28-507 (Reissue 1979). This is a Class III felony punishable by up to 20 years' imprisonment, a $25,000 fine, or both.”

State v. Lotter, 586 N.W.2d 591 (Neb. 1998). · cites it 4× “" See Neb.Rev.Stat. § 28-507 (Reissue 1995). This assignment of error is without merit.”

State v. Pierce, 537 N.W.2d 323 (Neb. 1995). · cites it 4× “Appellant, Timothy Pierce, was convicted by a jury in Scotts Bluff County District Court of forcibly breaking and entering with the intent to commit a felony or steal property, in violation of Neb. Rev. Stat. § 28-507 (1) (Reissue 1989).”

People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). · cites it 2× “OTHER UNCLEAR SCIENTER REQUIREMENTS Neb. Rev. Stat. § 28-507 (1) ("willfully, maliciously, and forcibly breaks and enters") N.”

State v. Skalberg, 526 N.W.2d 67 (Neb. 1995). · cites it 6× “All of these businesses are located within a one-block area in Bloomfield, Nebraska.”

State v. Watkins, 419 N.W.2d 660 (Neb. 1988). · cites it 5× “Watkins was charged with burglary, in violation of Neb. Rev. Stat. § 28-507 (Reissue 1985), convicted as the result of a jury trial, and sentenced to imprisonment.”

State v. Nissen, 560 N.W.2d 157 (Neb. 1997). · cites it 4× “S-95-997 with burglary, in violation of Neb. Rev. Stat. § 28-507 (Reissue 1995). The cases were consolidated for trial, and pursuant to verdict, Nissen was thereafter adjudged guilty in the first case of one count of murder in the first degree and two counts of murder in the…”

State v. Morley, 474 N.W.2d 660 (Neb. 1991). · cites it 3× “§§ 28-507 and 28-201 and Neb. Rev. Stat. § 28-105 (Reissue 1989).”

State v. McDowell, 522 N.W.2d 738 (Neb. 1994). · cites it 5× “8, defining “to break and enter”; (5) in failing to grant his motion for new trial; and (6) in failing to grant his motion to quash, in which he challenged the constitutionality of Neb.”

State v. Sutton, 368 N.W.2d 492 (Neb. 1985). · cites it 4× “With respect to the burglary, Neb. Rev. Stat. § 28-507 (1) (Reissue 1979) provides, “A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with…”

Show all 113 citing cases →

— Neb. Rev. Stat. § 28-507(1) — 23 cases

State v. Greer, 596 N.W.2d 296 (Neb. 1999). “Clearly, breaking is not an essential element of the crime of burglary and should be eliminated from § 28-507. In the case at bar, the victim was awakened by a man standing by her bed.”

State v. Pierce, 537 N.W.2d 323 (Neb. 1995). “Appellant, Timothy Pierce, was convicted by a jury in Scotts Bluff County District Court of forcibly breaking and entering with the intent to commit a felony or steal property, in violation of Neb. Rev. Stat. § 28-507 (1) (Reissue 1989).”

State v. Morley, 474 N.W.2d 660 (Neb. 1991). “§§ 28-507 and 28-201 and Neb. Rev. Stat. § 28-105 (Reissue 1989).”

State v. Nissen, 560 N.W.2d 157 (Neb. 1997). “S-95-997 with burglary, in violation of Neb. Rev. Stat. § 28-507 (Reissue 1995). The cases were consolidated for trial, and pursuant to verdict, Nissen was thereafter adjudged guilty in the first case of one count of murder in the first degree and two counts of murder in the…”

State v. Sardeson, 437 N.W.2d 473 (Neb. 1989).

— Neb. Rev. Stat. § 28-507(2) — 5 cases

State v. Tyrrell, 453 N.W.2d 104 (Neb. 1990).

State v. Witt, 476 N.W.2d 556 (Neb. 1991).

State v. Dimmitt, 560 N.W.2d 498 (Neb. Ct. App. 1997).

State v. Blazek (Neb. Ct. App. 2017).

State v. Blauvelt (Neb. Ct. App. 2013).

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