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

Neb. Rev. Stat. § 28-520 (2026)

Criminal trespass, first degree; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A person commits first degree criminal trespass if:

(a) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or

(b) He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility.

(2) First degree criminal trespass is a Class I misdemeanor.

(3) For purposes of this section, public power infrastructure facility means a power plant, an electrical station or substation, or any other facility which is used by a public power supplier as defined in section 70-2103 to support the generation, transmission, or distribution of electricity and which is surrounded by a fence or is otherwise enclosed.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1983–2026 · leading case: State v. Stanko, 936 N.W.2d 353 (Neb. 2019).
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State v. Stanko, 936 N.W.2d 353 (Neb. 2019). · cites it 18× “The defendant had received a “stay away” letter intended to apply to all businesses owned by the parent company issuing the letter, including two adjoining businesses owned by the same company and located in the same building, where the defendant entered during business hours…”
State v. W.D., 441 N.W.2d 608 (Neb. 1989). · cites it 5× “We note that Neb. Rev. Stat. §§ 28-520 , 28-521, and 28-522 (Reissue 1985), relating to criminal trespass, are in pari materia and must be construed together.”
State v. Gonzales, 352 N.W.2d 571 (Neb. 1984). · cites it 4× “Defendant next asserts that criminal trespass, in violation of Neb. Rev. Stat. § 28-520 (1) (Reissue 1979), is a lesser-included offense of burglary, as defined in Neb.”
State v. Miller, 337 N.W.2d 424 (Neb. 1983). · cites it 5× “” Neb. Rev. Stat. §28-520 (Reissue 1979). “(1) A person commits second degree criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: “(a) Actual communication to the actor;…”
State v. Anderson, 706 N.W.2d 564 (Neb. Ct. App. 2005). · cites it 5× “Neb. Rev. Stat. § 28-520 (1) (Reissue 1995) provides that “[a] person commits first degree criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or secretly remains in any building or occupied structure, or any separately secured or occupied…”
State v. Cebuhar, 567 N.W.2d 129 (Neb. 1997). · cites it 2× “§ 28-931 (Reissue 1995)), first degree criminal trespass ( Neb. Rev. Stat. § 28-520 (Reissue 1995)), and third degree assault ( Neb.”
State v. Thomas, 461 N.W.2d 513 (Neb. 1990). · cites it 3× “Thomas, was charged in one complaint with three misdemeanors: count I, first degree criminal trespass, in violation of Neb. Rev. Stat. § 28-520 (Reissue 1989), in entering or remaining in room 242 of the Quality 8 Motel in Kearney, Nebraska, without permission, on September 16,…”
State v. Wright, 456 N.W.2d 288 (Neb. 1990). · cites it 2× “See Neb. Rev. Stat. § 28-520 (1) (Reissue 1989).”
State v. Prior, 973 N.W.2d 726 (Neb. Ct. App. 2022). · cites it 2× “(b) Imposition of Consecutive Sentences Prior also contends that the district court erred in imposing consecutive, rather than concurrent, sentences and that by doing so, the district court was “overly punitive” in ordering all the sentences to be served consecutively.”
State v. Blackhawk, No. A-23-501 (Neb. Ct. App. Feb. 20, 2024). · cites it 3× “” Neb. Rev. Stat. § 28-520 (Reissue 2016). Blackhawk claims the State failed to prove beyond a reasonable doubt that “[he] knew he was not licensed or privileged to enter the apartment.”
State v. Sensenbach, No. A-16-543 (Neb. Ct. App. Jan. 10, 2017). · cites it 2× “Lastly, Sensenbach was convicted of first-degree criminal trespass in violation of Neb. Rev. Stat. § 28-520 (1) (Supp. 2009), a Class I misdemeanor.”
State v. Manka, No. A-22-437 (Neb. Ct. App. May 2, 2023). · cites it 2× “§ 28-906 (Reissue 2016); first degree criminal trespass, a Class I misdemeanor, pursuant to Neb. Rev. Stat. § 28-520 (Reissue 2016); and possession of a controlled substance, a Class IV felony, pursuant to Neb.”
Show all 15 citing cases →
Neb. Rev. Stat. § 28-520(1): 1 case
State v. Gonzales, 352 N.W.2d 571 (Neb. 1984). “Defendant next asserts that criminal trespass, in violation of Neb. Rev. Stat. § 28-520 (1) (Reissue 1979), is a lesser-included offense of burglary, as defined in Neb.”
Neb. Rev. Stat. § 28-520(1)(a): 1 case
State v. Stanko, 936 N.W.2d 353 (Neb. 2019). “The defendant had received a “stay away” letter intended to apply to all businesses owned by the parent company issuing the letter, including two adjoining businesses owned by the same company and located in the same building, where the defendant entered during business hours…”
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