Nebraska Revised Statutes

Neb. Rev. Stat. § 28-523 (2026)

Littering of public and private property; penalty

✓ current as of July 2026

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(1) Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless:

(a) Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or

(b) The litter is placed in a receptacle or container installed on such property for such purpose.

(2) The word litter as used in this section shall mean all waste material susceptible of being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state but does not include wastes of primary processes of farming or manufacturing. Waste material as used in this subsection shall mean any material appearing in a place or in a context not associated with that material's function or origin.

(3) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle or watercraft in violation of this section, the operator of such motor vehicle or watercraft commits the offense of littering.

(4) A person who commits the offense of littering shall be guilty of a Class III misdemeanor. A person convicted of the offense of littering for the second time shall be guilty of a Class II misdemeanor. A person convicted of the offense of littering for the third or a subsequent time shall be guilty of a Class I misdemeanor.

Notes of Decisions

Cited in 4 cases, 1931–1997 · leading case: State v. Ranson, 511 N.W.2d 97 (Neb. 1994).

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State v. Ranson, 511 N.W.2d 97 (Neb. 1994). · cites it 2× “Neb. Rev. Stat. § 28-523 (Reissue 1989). Atkinson, the arresting officer, observed conduct of defendant which established probable cause to believe he was witnessing the commission of a misdemeanor.”

State v. Brooks, 560 N.W.2d 180 (Neb. Ct. App. 1997). · cites it 4× “Neb.Rev.Stat. § 28-523 (Reissue 1995) in relevant part makes it a misdemeanor to litter on public or private property.”

Graham v. State, 241 N.W. 786 (Neb. 1932). · cites it 4× “The defendants were prosecuted under section 28-523, Comp. St. 1929, which contains the following provision: “Whoever steals any sow, barrow, boar or pig of any value, or receives or buys any sow, barrow, boar, stag or pig that shall have been stolen, knowing the same to have…”

Harmer v. State, 238 N.W. 356 (Neb. 1931). · cites it 2× “The information was based on section 28-523, Comp. St. 1929. The jury found defendant guilty.”

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