Nebraska Revised Statutes
Neb. Rev. Stat. § 28-806 (2026)
Public indecency; penalty
✓ current as of July 2026
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(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another person of the same or opposite sex.
(2) Public indecency is a Class II misdemeanor.
(3) It shall not be a violation of this section for an individual to breast-feed a child in a public place.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1982–2023 · leading case: State v. Metzger, 319 N.W.2d 459 (Neb. 1982).
State v. Metzger, 319 N.W.2d 459 (Neb. 1982). “See Neb.Rev.Stat. § 28-806 (Reissue 1979). CLINTON and HASTINGS, JJ.”
State v. Brooks, 560 N.W.2d 180 (Neb. Ct. App. 1997). “" For the sake of completeness, we note that Neb.Rev.Stat. § 28-806 (Reissue 1995), pertaining to public indecency, is a crime of specific intent, i.”
State v. Hookstra, 630 N.W.2d 469 (Neb. Ct. App. 2001). “” For example, Hookstra’s claim that the ordinance would permit an officer to order onlookers to remove their clothing is without merit because such order violates Neb. Rev. Stat. § 28-806 (Reissue 1995) (public indecency) or Neb.”
People v. Santorelli, 600 N.E.2d 232 (NY 1992). “130; Mont Code Annot § 45-5-504; Neb Rev Stat § 28-806; NH Rev Stat Annot § 645:1; ND Century Code § 12.”
State v. Ludwig, 468 So. 2d 1151 (La. 1985). “011; Neb.Rev.Stat. §§ 28-806, 28-106; N.J.Stat.”
State v. Sierks, 440 N.W.2d 231 (Neb. 1989). “Sierks, was convicted of public indecency in violation of Neb. Rev. Stat. § 28-806 (1) (Reissue 1985) and was fined $250 and costs.”
State v. Khalaf (Neb. Ct. App. 2022). “AMENDED INFORMATION AND OTHER PRETRIAL PROCEEDINGS On February 26, 2021, the State filed the amended information, adding to the burglary and SORA violation counts of the original information, a second count of burglary in violation of § 28-507, a Class IIA felony, and a count of…”
State v. Bogard (Neb. Ct. App. 2023). “” Similarly, public indecency under Neb. Rev. Stat. § 28-806 (1)(b) (Cum. Supp.”
State v. Burke, 375 N.W.2d 153 (Neb. 1985). “Following a jury trial in the county court, defendant was convicted of a violation of Neb. Rev. Stat. § 28-806 (1) (Reissue 1979), a Class II misdemeanor, and was sentenced to probation *132 for 2 years.”
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