(1) Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest or citation commits the offense of operation of a motor vehicle to avoid arrest.
(2)(a) Except as otherwise provided in subsection (3) of this section, any person who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.
(b) The court may, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator's license of such person be revoked or impounded for a period of not more than one year and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(3)(a) Any person who violates subsection (1) of this section shall be guilty of a Class IV felony if, in addition to the violation of subsection (1) of this section, one or more of the following also applies:
(i) The person committing the offense has previously been convicted under this section;
(ii) The flight to avoid arrest results directly and proximately in the death of or injury to any person if such death or injury is caused directly and proximately by the vehicle being driven by the person fleeing to avoid arrest; or
(iii) The flight to avoid arrest includes the willful reckless operation of the motor vehicle.
(b) The court shall, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator's license of such person be revoked or impounded for a period of two years and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(4)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest or citation for the violation of any statute punishable as a misdemeanor or any city or village ordinance shall be guilty of misdemeanor operation of a vessel to avoid arrest.
(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class I misdemeanor. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of one year.
(5)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest for the violation of any statute punishable as a felony shall be guilty of felony operation of a vessel to avoid arrest.
(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class IV felony. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of two years.
(6) An order of the court under subsection (4) or (5) of this section prohibiting operation of a vessel shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
Notes of Decisions
Cited in
46
cases (
17 in the last 5 years), 1984–2026 · leading case:
State v. Perry, 318 Neb. 613 (Neb. 2025).
State v. Perry, 318 Neb. 613 (Neb. 2025).
· cites it 25× “The parties also dispute whether, under Neb. Rev. Stat. § 28-905 (3)(b) (Reissue 2016), a 2-year license revocation is mandatory and, by extension, whether it was plain error for the district court not to impose such a revocation.”
State v. Collins, 307 Neb. 581 (Neb. 2020).
· cites it 11× “STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
State v. Garcia, 302 Neb. 406 (Neb. 2019).
· cites it 2× “At the time of the second stop, the police had reason to suspect that the driver associated with the first stop had violated Neb. Rev. Stat. § 28-905 (1) (Reissue 2016), which provides: "Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid…”
State v. Petsch, 300 Neb. 401 (Neb. 2018).
· cites it 3× “See Neb. Rev. Stat. § 28-905 (Reissue 2016). Devenpeck v.”
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
· cites it 2× “Because it did none of these and instead erroneously terminated post-release supervision altogether, we vacate the sentencing order of June 20, 2017, as excessively lenient, and remand the cause for further proceedings not inconsistent with this opinion.”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
· cites it 5× “BACKGROUND On September 13, 2002, the State filed its operative complaint charging Ellingson with misdemeanor operation of a motor vehicle to avoid arrest, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-905 (1) (Cum. Supp. 2004), and with obstructing a peace officer,…”
State v. Armagost, 291 Neb. 117 (Neb. 2015).
· cites it 5× “117 ANALYSIS The question we address is whether the attempt to arrest or issue a citation is an essential element of the charge of operat- ing a motor vehicle in a willful reckless manner to avoid arrest under Neb. Rev. Stat. § 28-905 (Reissue 2008). The State claims that the…”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
· cites it 9× “INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
State v. Start, 477 N.W.2d 20 (Neb. 1991).
· cites it 2× “§ 28-324 (1) (Reissue 1989); operating a motor vehicle to avoid arrest, in violation of Neb. Rev. Stat. § 28-905 (Reissue 1989); assault on an officer in the third degree, in violation of Neb.”
State v. Anthony, 29 Neb. Ct. App. 839 (Neb. Ct. App. 2021).
· cites it 2× “The court explained that a reading of the flight to avoid arrest statute, see Neb. Rev. Stat. § 28-905 (Reissue 2016), clearly indicates that “the offense of flight to avoid arrest is a misdemeanor if it involves fleeing in a motor vehicle in an effort to avoid arrest, whereas…”
State v. Claussen, 756 N.W.2d 163 (Neb. 2008).
· cites it 5× “[9] [5, 6] The Nebraska Court of Appeals has applied the principles stated in Clifford to determine the proof required by § 28-905. That court has held that an attempt to arrest is an essential element of the offense of fleeing in a motor vehicle to avoid arrest, but proof that…”
State v. Gnewuch, 316 Neb. 47 (Neb. 2024).
· cites it 2× “Before his 1 See Neb. Rev. Stat. § 28-905 (3)(a)(iii) (Reissue 2016).”
— Neb. Rev. Stat. § 28-905(1) — 10 cases
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
“BACKGROUND On September 13, 2002, the State filed its operative complaint charging Ellingson with misdemeanor operation of a motor vehicle to avoid arrest, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-905 (1) (Cum. Supp. 2004), and with obstructing a peace officer,…”
State v. Petsch, 300 Neb. 401 (Neb. 2018).
“See Neb. Rev. Stat. § 28-905 (Reissue 2016). Devenpeck v.”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
“INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
— Neb. Rev. Stat. § 28-905(2) — 5 cases
State v. Collins, 307 Neb. 581 (Neb. 2020).
“STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
State v. Claussen, 756 N.W.2d 163 (Neb. 2008).
“[9] [5, 6] The Nebraska Court of Appeals has applied the principles stated in Clifford to determine the proof required by § 28-905. That court has held that an attempt to arrest is an essential element of the offense of fleeing in a motor vehicle to avoid arrest, but proof that…”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
“INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
State v. Perry, 318 Neb. 613 (Neb. 2025).
“The parties also dispute whether, under Neb. Rev. Stat. § 28-905 (3)(b) (Reissue 2016), a 2-year license revocation is mandatory and, by extension, whether it was plain error for the district court not to impose such a revocation.”
— Neb. Rev. Stat. § 28-905(2)(a) — 1 case
State v. Collins, 307 Neb. 581 (Neb. 2020).
“STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
— Neb. Rev. Stat. § 28-905(2)(b) — 1 case
State v. Collins, 307 Neb. 581 (Neb. 2020).
“STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
— Neb. Rev. Stat. § 28-905(3) — 5 cases
State v. Collins, 307 Neb. 581 (Neb. 2020).
“STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
— Neb. Rev. Stat. § 28-905(3)(a) — 1 case
— Neb. Rev. Stat. § 28-905(3)(a)(ii) — 1 case
— Neb. Rev. Stat. § 28-905(3)(a)(iii) — 5 cases
State v. Perry, 318 Neb. 613 (Neb. 2025).
“The parties also dispute whether, under Neb. Rev. Stat. § 28-905 (3)(b) (Reissue 2016), a 2-year license revocation is mandatory and, by extension, whether it was plain error for the district court not to impose such a revocation.”
— Neb. Rev. Stat. § 28-905(3)(b) — 8 cases
State v. Perry, 318 Neb. 613 (Neb. 2025).
“The parties also dispute whether, under Neb. Rev. Stat. § 28-905 (3)(b) (Reissue 2016), a 2-year license revocation is mandatory and, by extension, whether it was plain error for the district court not to impose such a revocation.”
State v. Collins, 307 Neb. 581 (Neb. 2020).
“STATEMENT OF FACTS On March 22, 2019, Collins was arrested, and the State filed a complaint in the county court charging her with operating a motor vehicle to avoid arrest in violation of Neb. Rev. Stat. § 28-905 (Reissue 2016). The State alleged, inter alia, that the offense…”
— Neb. Rev. Stat. § 28-905(5) — 1 case
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