(1) A person commits abuse of public records, if:
(a) He knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record; or
(c) Knowing he lacks the authority to retain the record, he refuses to deliver up a public record in his possession upon proper request of any person lawfully entitled to receive such record; or
(d) He makes, presents, or uses any record, document, or thing, knowing it to be false, and with the intention that it be taken as a genuine part of the public record.
(2) As used in this section, the term public record includes all official books, papers, or records created, received, or used by or in any governmental office or agency.
(3) Abuse of public records is a Class II misdemeanor.
Notes of Decisions
State ex rel. Couns. for Dis. v. Council, 289 Neb. 33 (Neb. 2014).
· cites it 2× “For failing to report the cash advances and deposits and for filing false reports with the NADC, respondent was charged with two counts of abuse of public records (Class II misde- meanor), pursuant to Neb. Rev. Stat. § 28-911 (1)(d) (Reissue 2008).”
In Re Krepela, 628 N.W.2d 262 (Neb. 2001).
· cites it 2× “§ 28-901 (Reissue 1995) (obstructing government operations); Neb.Rev.Stat. § 28-911 (Reissue 1995) (abuse of public records); and Neb.”
State v. Brantner, 758 A.2d 84 (Md. 2000).
“§ 13-2407(B) (West 1999), defining “public record,” as used in subsection (A) of that statute, 10 to mean “all official books, papers, written instruments or records created, issued, received or kept by any governmental office or agency or required by law to be kept by others…”
Barta v. Yeomans (D. Neb. 2020).
· cites it 2× “From the context of the complaint, however, it appears that Barta is actually referencing Neb. Rev. Stat. Ann. § 28-911 , which makes “abuse of public records” a Class II misdemeanor.”
— Neb. Rev. Stat. § 28-911(2) — 1 case
State v. Brantner, 758 A.2d 84 (Md. 2000).
“§ 13-2407(B) (West 1999), defining “public record,” as used in subsection (A) of that statute, 10 to mean “all official books, papers, written instruments or records created, issued, received or kept by any governmental office or agency or required by law to be kept by others…”
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