(1) A person commits the offense of obstructing a peace officer, when,
by using or threatening to use violence, force, physical interference, or
obstacle, he or she intentionally obstructs, impairs, or hinders (a) the enforcement
of the penal law or the preservation of the peace by a peace officer or judge
acting under color of his or her official authority or (b) a police animal
assisting a peace officer acting pursuant to the peace officer's official
authority.
(2) For purposes of this section, police animal means a horse or dog
owned or controlled by the State of Nebraska or any county, city, or village for the purpose
of assisting a peace officer acting
pursuant to his or her official authority.
(3) Obstructing a peace officer is a Class I misdemeanor.
Notes of Decisions
Cited in
46
cases (
11 in the last 5 years), 1942–2025 · leading case:
State v. Ferrin, 305 Neb. 762 (Neb. 2020).
State v. Ferrin, 305 Neb. 762 (Neb. 2020).
· cites it 34× “To show a violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 2016), the State must prove that (1) the defendant intentionally obstructed, impaired, or hindered either a peace officer, a judge, or a police animal assisting a peace officer; (2) at the time the defendant did so,…”
Deezia v. City of Lincoln, 350 F. Supp. 3d 868 (D. Neb. 2018).
· cites it 9× “") 8 Second, as to the remaining Defendants, it is undisputed that Plaintiff was arrested for obstructing a peace officer under Neb. Rev. Stat. § 28-906 (1)(a) and resisting arrest under Neb.”
In re Interest of Elijahking F., 982 N.W.2d 516 (Neb. 2022).
· cites it 19× “To show a violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 2016), the State must prove that (1) the defendant intentionally obstructed, impaired, or hindered either a peace officer, a judge, or a police animal assisting a peace officer; (2) at the time the defendant did so,…”
In Re Interest of Richter, 415 N.W.2d 476 (Neb. 1987).
· cites it 9× “The county court sitting as a juvenile court found that the juvenile, Corey Richter, violated the provisions of Neb. Rev. Stat. § 28-906 (1) (Reissue 1985) by obstructing peace officers, as a consequence of which the court had jurisdiction pursuant to the provisions of Neb.”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
· cites it 7× “2004), and with obstructing a peace officer, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 1995).”
State v. Yah, 317 Neb. 730 (Neb. 2024).
· cites it 7× “He also argues that the county court erroneously applied Neb. Rev. Stat. § 28-906 (Reissue 2016), which he was not charged with, in finding him guilty of violating § 20-21.”
State v. Lynch, 394 N.W.2d 651 (Neb. 1986).
· cites it 7× “Defendant, Donald Lynch, was charged with second offense operating or having “actual physical control of a motor vehicle upon a highway while under the influence of alcoholic liquor” in violation of an ordinance of the city of Scottsbluff, and with obstructing a peace officer in…”
State v. Yeutter, 566 N.W.2d 387 (Neb. 1997).
· cites it 4× “§ 28-906 (Reissue 1989); and resisting arrest, Neb.”
State v. Collins, 307 Neb. 581 (Neb. 2020).
· cites it 2× “” On April 3, 2019, pursuant to a plea agreement, the State filed an amended complaint in which it reduced the charge of operating a motor vehicle to avoid arrest to a Class I misde- meanor under § 28-905(2) and added a charge of obstructing a peace officer, a Class I…”
State v. Campbell, 620 N.W.2d 750 (Neb. 2001).
· cites it 2× “2000); and obstructing a peace officer under Neb. Rev. Stat. § 28-906 (Reissue 1995). Campbell pled not guilty to all counts.”
State v. Owen, 580 N.W.2d 566 (Neb. Ct. App. 1998).
· cites it 13× “Owen appeals his conviction of obstruction of a peace officer, in violation of Neb. Rev. Stat. § 28-906 (Reissue 1995). For the reasons set forth herein, we affirm.”
Svehla v. State, 96 N.W.2d 649 (Neb. 1959).
· cites it 6× “The defendant argues that in the prosecution for incest, the State must establish, as a necessary element of the offense, that there was actual penetration of the female involved, by the male; that in this case there is no evidence of the actual penetration of the female, Vivian…”
— Neb. Rev. Stat. § 28-906(1) — 13 cases
State v. Ferrin, 305 Neb. 762 (Neb. 2020).
“To show a violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 2016), the State must prove that (1) the defendant intentionally obstructed, impaired, or hindered either a peace officer, a judge, or a police animal assisting a peace officer; (2) at the time the defendant did so,…”
In Re Interest of Richter, 415 N.W.2d 476 (Neb. 1987).
“The county court sitting as a juvenile court found that the juvenile, Corey Richter, violated the provisions of Neb. Rev. Stat. § 28-906 (1) (Reissue 1985) by obstructing peace officers, as a consequence of which the court had jurisdiction pursuant to the provisions of Neb.”
In re Interest of Elijahking F., 982 N.W.2d 516 (Neb. 2022).
“To show a violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 2016), the State must prove that (1) the defendant intentionally obstructed, impaired, or hindered either a peace officer, a judge, or a police animal assisting a peace officer; (2) at the time the defendant did so,…”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
“2004), and with obstructing a peace officer, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-906 (1) (Reissue 1995).”
State v. Lynch, 394 N.W.2d 651 (Neb. 1986).
“Defendant, Donald Lynch, was charged with second offense operating or having “actual physical control of a motor vehicle upon a highway while under the influence of alcoholic liquor” in violation of an ordinance of the city of Scottsbluff, and with obstructing a peace officer in…”
— Neb. Rev. Stat. § 28-906(3) — 1 case
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